Senators and Rights Groups Say Administration Is Breaking Law by Withholding FISA Opinion
Summary
Senators and civil liberties groups say the administration is overdue in declassifying a FISC opinion about Section 702 surveillance. The opinion reportedly raised concerns about a system for searching Americans’ communications.
Key points
- Senators Ron Wyden and Adam Schiff and civil liberties groups say the administration missed legal and congressional deadlines to declassify a FISC opinion.
- The opinion reportedly objected to a system that could let analysts access Americans’ information without counting the activity as a query subject to additional protections.
- Section 702 allows warrantless searches of foreign targets’ communications using information about Americans who have been in contact with them.
- Section 702 lapsed this summer, but collection authority continues under a separate court ruling through March of next year.
- Wyden, Schiff and civil liberties groups oppose reauthorization without release of the opinion; the groups also call for a warrant requirement to access Americans’ private communications.
- The Justice Department and Office of the Director of National Intelligence had not immediately responded to requests for comment.
Article Details
- Event Type
- Dispute over delayed declassification of a Foreign Intelligence Surveillance Court opinion concerning Section 702 surveillance.
- Impact
- The opinion was more than a month overdue for declassification, according to the article. Senators and civil liberties groups said the delay violated legal requirements and argued that Congress should not reauthorize Section 702 without disclosure and stronger protections, including a warrant requirement for accessing Americans’ private communications. The opinion reportedly objected to a government filtering system that could allow analysts to obtain Americans’ information in a way that should count as a query subject to additional protections.
People
Adam SchiffCo-authored a letter with Ron Wyden urging administration officials to declassify the FISC opinion.Bill PulteIdentified in the article as Acting Director who, along with Tulsi Gabbard, was reportedly unresponsive to the request to declassify the opinion.Jay ClaytonDirector of National Intelligence addressed by Wyden and Schiff; Senator Mark Warner’s spokesperson said Clayton was expected to declassify the opinion.Mark WarnerLeader of the Democratic side of the Senate Intelligence Committee; his office commented on the declassification delay and said he expected the opinion to be declassified.Rachel CohenSpokesperson for Mark Warner who provided the statement about Section 702 transparency and the delayed declassification.Ron WydenCo-authored letters urging administration officials to declassify the FISC opinion and argued against short-term reauthorization of Section 702 until its release.Todd BlancheAttorney General addressed by Wyden and Schiff; the article says he had previously committed to declassifying the opinion by the statutory deadline.Tom CottonChairman of the Senate Intelligence Committee; the article says he and Mark Warner urged Tulsi Gabbard to declassify the FISC opinion.Tulsi GabbardThen-Director of National Intelligence whom Mark Warner and Tom Cotton reportedly urged to declassify the FISC opinion.