Rosenstein Opposes Warrants for Section 702 Authority, He Tells Judiciary Hearing
DOJ doesn't support adding a warrant requirement to Section 702 Foreign Intelligence Surveillance Act authority, Deputy Attorney General Rod Rosenstein told several skeptical lawmakers in Wednesday’s oversight hearing. Protecting civil liberties is “essential” in reauthorizing the authority, said House Judiciary Committee Chairman Bob Goodlatte, R-Va., in opening remarks. He urged Congress to take up the committee’s bipartisan USA Liberty Act (HR-3989) (see 1711080045), which “maintains the integrity of the program while protecting cherished civil liberties.“ The committee passed the bill "despite the department’s lobbying efforts against the bill,” Goodlatte said, asking Rosenstein to explain why DOJ opposes the measure. Rosenstein said 702 authority is “critical” to national security, but the committee's bill that would require a warrant for certain searches would “re-erect” the wall blocking efforts to track down terrorists that existed before the Sept. 11, 2001, terrorist attacks against the U.S.
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Ranking member Jerry Nadler, D-N.Y., said HR-3989 provides the right balance of security and privacy protections and urged Rosenstein to “take a look at the bill.” Rep. Ted Poe, R-Texas, asked Rosenstein why DOJ “refuses” to provide the committee with the number of Americans whose communications have been “incidentally” collected in 702 searches. “Why can’t the intelligence community get some geek over at Best Buy” to get this information “with a few little taps on the big computer system,” Poe asked, saying he doesn’t think Congress should pass a reauthorization bill until the information is provided. Rosenstein deferred his answer to Director of National Intelligence Dan Coats. DNI declined comment on Poe's question but said Thursday that losing 702 authority “would greatly impair the ability of the United States to respond to threats and to exploit important intelligence collection opportunities,” listing instances where the authority assisted in terrorism cases. Rep. Blake Farenthold, R-Texas, also asked Rosenstein to explain why DOJ opposes a warrant requirement. “It would be burdensome,” Rosenstein said. “I understand the concerns. ... We have the appropriate safeguards.” At a panel, Rep. Ted Lieu, D-Calif., praised HR-3989 and attacked the House Intelligence Committee’s legislation (HR-4478) (see 1712010044) as a “disaster” that would expand surveillance powers while eroding privacy protection. The authority expires Dec. 31. Lobbyists and aides told us a bill likely will be included in next week's spending measure.