Electronic surveillance

This surveillance law needs reauthorizing — and tightening, too

CONGRESS MUST consider it a priority to pass legislation in the next few months reauthorizing the U.S. intelligence agencies to eavesdrop without a court warrant on communications of foreigners who are located overseas, including at times their exchanges with Americans. The legislation, Section 702 of the Foreign Intelligence Surveillance Act, is of bedrock importance to the National Security Agency. Still, while giving the law a new lease, Congress ought to insist on additional protections for Americans in the use of the Section 702 database.

Under existing law, the Federal Bureau of Investigation can query Section 702 information for emails and phone-call transcripts of Americans suspected of a crime, without obtaining a warrant. This is a loophole allowing the FBI to go after information that, if sought from other sources, would require a warrant.