People expect me to single out specific countries or threaten the United States. Perhaps China, Russia, or even the names of criminal hackers targeting critical infrastructure. There are many worries about each. But what worries me most is not external threats, but the possibility that we are about to make a grave mistake.
If Congress allows the critical intelligence-gathering authority (Section 702 of the Foreign Intelligence Surveillance Act) to expire in April or be renewed with crippling restrictions, external threats such as those I have cited I worry that we will become blind to threats like these and worse. . Either action would be a self-inflicted wound that our country cannot afford.
Let’s go back in time and explain. I was at the Pentagon on September 11, 2001, when terrorists crashed his Flight 77 into the building, killing many of my Pentagon colleagues. The 9/11 Commission’s investigation into how our nation suffered such a devastating attack will help our government connect the dots between foreign terrorist plotters and domestic terrorist agents. It became clear that this was not possible. We needed to tear down the walls between the FBI and the intelligence agencies. That wall would block access to foreign intelligence information that those agencies were already legally collecting and storing in government databases, which could be used to better protect Americans. There was a need.
We also needed a smart way to collaborate with American technology companies. Its services are increasingly being exploited by foreign terrorists and other adversaries plotting against the United States. Congress he created Section 702 in 2008 to do just that.
The law strikes a delicate balance between imposing strict protections on the privacy of Americans anywhere in the world while allowing information to be collected only from non-Americans abroad. The system would require federal court approval as well as oversight by the executive branch and her four separate committees in Congress. This means that each government department has a say in how it is used.
Back in 2018, I became Commander of U.S. Cyber Command and Director of the National Security Agency. Congress and the President just reauthorized Section 702, and for good reason. it works. In fact, it is more important than ever given its contribution to thwarting a wide range of national security threats.
Some examples: Section 702 thwarts planned terrorist attacks at home and abroad and contributed to the successful operation that killed al-Qaeda leader Ayman al-Zawahiri in 2022. Information obtained through Section 702 provided insight into the Chinese origins of the chemical used to synthesize the deadly drug fentanyl and its application in drug smuggling techniques. Article 702 has helped shed light on gruesome atrocities committed by Russia in Ukraine, including the killing of non-combatants and the forced relocation of children from Russian-occupied Ukraine to the Russian Federation. Section 702 has even led to the identification and thwarting of hostile foreign actors seeking to recruit spies within the United States.
Perhaps most surprising, the Under Secretary of Defense for Intelligence and Security wrote in December: “Today, our nation’s warfighters rely on intelligence reporting that utilizes intelligence obtained under Section 702 to provide critical insights on the battlefield, including the current crises in Europe and the Middle East. “east. “
In short, Section 702 is essential and irreplaceable. But the program expires in April unless Congress renews it.
If you don’t, it will be the ultimate wound you inflict on yourself. At this time, the United States faces increasing threats posed by China, Russia, Iran, foreign cartels, sophisticated hackers, weapons of mass destruction proliferators, spies, terrorists, and others, so we cannot allow Section 702 to expire. would be an act of willful blindness.
The same could be done to override this important authority, such as requiring the executive branch to seek federal court approval to conduct U.S. person inquiries that involve organizing and using information the government has already collected legally. This also applies to a wide range of suggestions. That would be the exact opposite of what the 9/11 Commission claimed. It would erect new walls blocking our access to information that is already legally in the government’s possession and could be used to protect the American people, effectively making it inaccessible to intelligence professionals. That’s going to happen. That would be a huge setback.
Instead, we need to take a step forward by reauthorizing and improving Section 702. This means enacting into law the wide-ranging reforms that intelligence agencies have already implemented to prevent violating queries against 702 databases. We are human and mistakes happen, but the important thing is to learn from them and be transparent about them so they don’t happen again. These are the boldest reforms to Section 702 ever proposed by the Executive Branch during the reauthorization cycle and will better protect both our national security and the privacy of Americans.
It has been the honor of a lifetime to serve our nation in uniform for over 37 years. As the Director of the Cyber Command and the NSA, I urge Congress to reauthorize Section 702 and to do so without imposing new restrictions on how we can use sensitive government-provided information. As I saw clearly at the Pentagon on the morning of 9/11, American lives are at risk.