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A2   UP FRONT
                Monday 30 october 2017
            FBI’s use of foreign intelligence driving privacy debate




            By DEB RIECHMANN                                                                       information  legally  gath-  cans  that  also  are  picked
             Associated Press                                                                      ered overseas. The FBI’s use  up.  They  think  the  FBI
            WASHINGTON  (AP)  —  It’s                                                              of foreign intelligence is at  should  be  required  to  ob-
            3  a.m.  when  a  security                                                             the  heart  of  the  debate  tain a warrant if it wants to
            guard  notices  a  man  tak-                                                           over the future of the 2008  search  foreign  intelligence
            ing photographs of the Key                                                             Foreign Intelligence Surveil-  in investigating tips such as
            Bridge a few miles from the                                                            lance  Amendments  Act,  the  fictitious  American  at
            White House. There’s been                                                              including  the  controversial  the bridge.
            no  crime,  but  the  guard  is                                                        Section  702.  The  law  is  set  Measures   circulating   in
            suspicious  and  passes  the                                                           to expire Dec. 31.           Congress  seek  to  address
            man’s  license  plate  num-                                                            “Let’s say you find out that  several open questions:
            ber to the FBI.                                                                        this  person  photograph-    —Should  the  law  be  ex-
            In  a  case  like  this,  the  FBI                                                     ing  the  Key  Bridge  has  tended  permanently  or
            might  query  databases                                                                been  communicating  with  only  for  a  certain  number
            containing  foreign  intelli-  In  this  Oct.  22,  2017,  file  photo,  FBI  Director  Christopher  Wray   a  known  Islamic  State  re-  of years?
            gence collected overseas.    speaks at the International Association of Chiefs of Police annual   cruiter, which is the kind of  —Should  the  FBI  have  to
            An agent might learn noth-   conference in Philadelphia.                               information that’s in the 702  get a warrant to query the
            ing  or  might  find  out  the                                        Associated Press   database,” Wray said at a  foreign  intelligence  data-
            plate belongs to an Ameri-   the government contends.  stricter  controls  to  better   recent  forum  on  the  sub-  base, or only if wants to pe-
            can communicating online  But  as  Congress  consid-      protect privacy.             ject.  The  FBI  agent,  Wray  ruse the information?
            with  a  suspected  Islamic  ers  how  to  reauthorize  the  FBI  Director  Christopher   said,  is  “not  going  to  be  —Can  law  enforcement
            State militant.              law governing the govern-    Wray  crafted  the  bridge   able  to  get  a  warrant  just  officials  read  foreign  intel-
            It’s  these  scraps  of  data,  ment’s use of such informa-  story  to  show  why  his   based  on  that  to  search  ligence  to  search  for  evi-
            sometimes meaningless on  tion,  lawmakers  from  both  agents  shouldn’t  have  to    the database.”               dence  against  Americans
            their  own,  that  can  help  parties  and  many  people  get a warrant before que-    “The  idea  of  blinding  the  in  routine  criminal  inves-
            foil  plots  and  save  lives,  in  the  United  States  want  rying  foreign  intelligence   agent  —  putting  some  re-  tigations  without  a  court
                                                                                                   striction  on  his  ability  to  order  based  on  probable
                                                                                                   see information that we al-  cause?
                                                                                                   ready constitutionally have  —Should  the  government
                                                                                                   sitting  in  our  own  data  have  to  give  the  public
                                                                                                   bases — the irony of that is  more details about how ex-
                                                                                                   tragic to me,” Wray said.    tensively it uses the foreign
                                                                                                   But  the  government  al-    intelligence  database,  or
                                                                                                   ready has many tools it can  how  many  U.S.  citizens’
                                                                                                   use  to  collect  information  communications  are  inci-
                                                                                                   about  someone  without  a  dentally collected?
                                                                                                   warrant,  said  Democratic  Wray said tips are flooding
                                                                                                   Sen. Ron Wyden of Oregon,  into  the  FBI  by  the  thou-
                                                                                                   a staunch advocate of pri-   sands.
                                                                                                   vacy  rights.  He  said  it  can  It’s  at  this  initial  stage  —
                                                                                                   obtain  phone  records  —  where leads are sifted and
                                                                                                   who  someone  called  and  prioritized  —  when  foreign
                                                                                                   when — without a warrant.    intelligence  helps  connect
                                                                                                   “That will show if this bridge  dots and spot possible na-
                                                                                                   suspect  is  talking  to  ter-  tional  security  threats,  he
                                                                                                   rorists,”  Wyden  said.  “Go-  said.
                                                                                                   ing  straight  to  reading  the  Director  of  National  Intel-
                                                                                                   content  of  private  com-   ligence  Dan  Coats  calls
                                                                                                   munications without a war-   this  trove  of  foreign  intel-
                                                                                                   rant  is  an  end-run  around  ligence  the  “holy  grail”
                                                                                                   the  Fourth  Amendment,”  that  provides  insight  into
                                                                                                   which  protects  Americans  the thinking and actions of
                                                                                                   from unreasonable search-    U.S. adversaries. “We have
                                                                                                   es and seizures.             not  found  one  intentional
                                                                                                   “Think  about  it,”  he  said.  breach,  one  intentional
                                                                                                   “Would you want the gov-     misuse  of  this  authority,”
                                                                                                   ernment    reading    your  Coats said.
                                                                                                   emails  or  listening  to  your  Adm. Mike Rogers, the Na-
                                                                                                   phone  calls,  just  because  tional  Security  Agency  di-
                                                                                                   someone  called  the  FBI  rector,  said  the  authority
                                                                                                   and said you looked suspi-   has  provided  actionable
                                                                                                   cious?”                      information  about  enemy
                                                                                                   There  is  bipartisan  agree-  movements in Afghanistan,
                                                                                                   ment that the law is invalu-  helped take key IS militants
                                                                                                   able  in  helping  the  U.S.  off the battlefield, revealed
                                                                                                   track foreign spies, terrorists,  details about illegal weap-
                                                                                                   weapons  trafficking  and  ons transfers, assisted allies
                                                                                                   cyber  criminals.  But  some  and generated information
                                                                                                   members of Congress and  that U.S. intelligence agen-
                                                                                                   privacy  advocates  want  cies’  used  to  assess  Russia
                                                                                                   greater protections for the  interference  in  the  presi-
                                                                                                   communications  of  Ameri-   dential election.q
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