Elizabeth Goitein Profile picture
Feb 15 13 tweets 3 min read Read on X
Yesterday, I tweeted about how House intelligence committee leaders (HPSCI) scuttled a floor vote on Section 702 rather than allow members to enact reforms. That’s bad behavior, even by Congress’s standards. It turns out it was worse than I thought. 1/13
In what may seem like unrelated news (bear with me, I will get back to 702!), HPSCI Chairman Mike Turner caused a near-panic this week when he called for a secret session of Congress to share classified information about a “destabilizing foreign military capability”… 2/13
…followed by a cryptic public statement calling on President Biden to declassify information about what Turner called “a serious national security threat.” 3/13
Secret sessions are highly unusual; the House has held only six since 1812. So are public calls by members of HPSCI for the president to declassify critical foreign intelligence. It seemed that something truly apocalyptic might be afoot. 4/13
Turner’s statement essentially forced the administration to disclose enough information to allay public concern. The threat, it turns out, relates to Russia’s attempts to build a space-based antisatellite nuclear weapon. 5/13
The key word is *attempts*—the capability is still under development and has not been deployed. There is, in short, no urgent threat. This point has been emphasized by multiple officials and members of Congress who were aware of the intelligence. 6/13
There is, however, a potential blow to U.S. intelligence-gathering. According to the New York Times, Turner’s statement “infuriated White House officials, who feared the loss of important sources of information on Russia.” 7/13 nytimes.com/2024/02/14/us/…
Officials told reporters, quite diplomatically, that “Mr. Turner was making more of the new intelligence than would ordinarily have been expected.” They speculated that he might be trying to create pressure to pass Ukraine aid legislation. 8/13 nytimes.com/2024/02/14/us/…
But there’s another explanation that squares perfectly with what happened to 702 yesterday. Wouldn’t you know it, Turner is spreading the word that the intelligence about this serious national security threat came from… you guessed it… Section 702! 9/13 washingtonpost.com/national-secur…
Now, let’s be clear, he’s not claiming the intelligence came from U.S. person queries, so this news has absolutely no relevance to the reforms that are currently being debated in Congress. It is yet another red herring that HPSCI is throwing out to try to muddy the debate. 10/13
Nonetheless, as an official told the Washington Post, “Turner, a strong proponent of the surveillance authority, appears to want to use the information about the adversary capability to convince skeptical colleagues that 702 is an indispensable intelligence tool.” 11/13
Let’s review. The Chair of HPSCI made a public statement that frightened the American people, may have compromised intelligence sources, and was wholly unnecessary given the absence of any urgent threat, in order to gin up a new (bogus) argument against Section 702 reform. 12/13
As I said in my tweet thread yesterday, “if HPSCI can’t win on an even playing field, it will look for another way.” I truly didn’t imagine, though, that HPSCI leaders would sink to something like this. I stand corrected. 13/13

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More from @LizaGoitein

Feb 14
Some jaw-dropping news: House intelligence committee (HPSCI) leaders forced Speaker Johnson to CANCEL THE FLOOR VOTE on Section 702 tomorrow, rather than allow members to vote on whether to prohibit warrantless access to Americans’ communications. 1/18
HPSCI leaders have been waging a propaganda campaign all week to try to tank this and other reforms… but it’s not working. They saw the writing on the wall. In HPSCI’s view, if members won’t vote the way HPSCI tells them to on Section 702, they shouldn’t get to vote at all. 2/18
Let’s back up and review how we got here. The House Judiciary Committee passed a bill that includes a warrant requirement and other key reforms to protect Americans’ civil liberties, while leaving untouched the core of Section 702: the ability to monitor *foreign* threats. 3/18
Read 18 tweets
Feb 12
Reporting from @politico suggests House intelligence committee leaders want at least part of the floor debate on Section 702 to happen IN SECRET. If true, these are bush league tactics and a new low for opponents of surveillance reform. 1/8
Most lawmakers want major reform of Section 702. The Judiciary Committee’s reform bill passed out of committee on a 35-2 vote. Intelligence committee leaders know they can’t win on an even playing field, so they’re trying to use secrecy to avoid reform. 2/8
Make no mistake: a secret session is completely unnecessary. National security legislation is openly debated in every Congress. There have only been 6 secret sessions in the House since 1812. 3/8
Read 8 tweets
Dec 14, 2023
I’m sorry to report that lawmakers caved to abject fearmongering by the administration & surveillance hawks in Congress and passed a de facto 16-month extension of Section 702 as part of the NDAA this morning. 1/5
Those of you who called your senators and representatives in the last couple of days—THANK YOU. Your calls did make a difference. The vote was much closer, especially in the Senate, than a lot of observers expected it to be. 2/5
The closeness of the votes will help build momentum for reform. Because the fight continues. We can’t sit back and wait for 16 months; we must demand that Congress reform Section 702 *now* to end the abuses and rein in warrantless surveillance of Americans. 3/5
Read 5 tweets
Dec 12, 2023
If you believe the government should have to get a warrant to read Americans’ communications, CALL YOUR SENATORS AND TELL THEM “NO SECTION 702 EXTENSION ON THE NDAA WITHOUT A CERTIFICATION CAP.” What does that mean? I’ll explain. 1/15
Section 702 authorizes warrantless surveillance of foreigners abroad, but it sweeps in huge volumes of Americans’ communications, and the gov’t routinely searches through the data for the express purpose of finding and reviewing Americans’ phone calls, texts, and emails. 2/15
The FBI conducted 200,000 of these “backdoor searches” in 2022 alone, including searches for the communications of Black Lives Matter protesters, members of Congress, journalists, and more than 19,000 donors to a single congressional campaign, plus other alarming abuses. 3/15
Read 15 tweets
Dec 11, 2023
RED ALERT: Buried in the House intelligence committee’s Section 702 “reform” bill, which is schedule for a floor vote as soon as tomorrow, is the biggest expansion of surveillance inside the United States since the Patriot Act. 1/11
Through a seemingly innocuous change to the definition of “electronic service communications provider,” the bill vastly expands the universe of U.S. businesses that can be conscripted to aid the government in conducting surveillance. 2/11
Under current law, the government can compel companies that have direct access to communications, such as phone, email, and text messaging service providers, to assist in Section 702 surveillance by turning over the communications of Section 702 targets. 3/11
Read 11 tweets
Nov 28, 2023
Senate intelligence committee (SSCI) leaders have introduced a bill to reauthorize FISA Section 702 *until 2035.* Although it claims to include “reforms,” the bill would actually do more to expand Section 702 surveillance than rein it in. 1/22 therecord.media/senate-section…
Background (skip the next 3 tweets if you’re up to speed!): Section 702 authorizes warrantless surveillance, so it can only be targeted at foreigners abroad. But the surveillance inevitably sweeps in vast quantities of Americans’ communications. 2/22
Despite Congress’s mandate to “minimize” retention and use of Americans’ information, intelligence agencies routinely search through Section 702 data looking for Americans’ phone calls, text messages, and emails. 3/22 justsecurity.org/85068/the-year…
Read 22 tweets

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