Roughly a quarter of a million people are targeted by the program each year, and it is estimated that the number of individual messages collected reaches into the hundreds of millions. While the NSA is not allowed to target the communications of "US persons", the government has long been permitted to query the database for information on US persons without obtaining warrants. It is known that the 702 program collects significant numbers of US communications, but the exact quantity is unknown, even to the government. The NSA argues that it would be unfeasible to count the number of Americans incidentally spied on without analyzing the collection thoroughly, further imperiling people's rights. Privacy watchdogs who have classified knowledge of the program say the term "Incidental" is deceiving, in that it makes the volume of the collection sound small. The term is also frequently conflated with wiretaps that accidentally target Americans, which is called "Inadvertent" collection. Incidental collection is factored into the program as an acceptable risk to Americans' civil liberties, ameliorated by various internal procedures approved by the Justice Department and the Office of the Director of National Intelligence. Critics of the program say these procedures are frequently violated and do little to nothing to stop the FBI from warrantlessly accessing Americans' calls and emails without evidence that they've committed a crime. Congressional offices striving for a reform-introduced this week in the form of a bipartisan, bicameral bill known as the Government Surveillance Reform Act-say the White House has lobbied Congress for a "Clean" reauthorization. Renewing the 702 program for another four to five years without additional privacy safeguards is in line with the intelligence community's own desires. The same sources say other bills may also be in the works and could drop by December, excluding many of the additional protections offered by the GSRA. The bill, which has significant support in the House, bans warrantless FBI searches of 702 data but also curtails the use of commercial data available to the government-a known loophole for evading warrant requirements available to law enforcement and intelligence agencies at virtually all levels of government. Many Republicans favor the bill because it would strip security clearances from federal employees caught abusing their access to the database. Cynthia Choi, cofounder of the nonprofit Stop AAPI Hate, which tracks incidents of discrimination against Asian Americans and Pacific Islanders, said the GSRA would prove particularly crucial in the fight for privacy of immigrant communities. "It is disappointing to learn that Majority Leader Schumer and other congressional leaders are reportedly considering depriving us of this critical opportunity to stop the unjust warrantless surveillance of our family and friends," she says. "They are well aware that we have experienced decades of wrongful targeting, and they should be fighting alongside us to ensure these issues are addressed as soon as possible."
This Cyber News was published on www.wired.com. Publication date: Thu, 30 Nov 2023 23:19:27 +0000