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Six years ago this week, I received the worst phone call of my life to learn that my 19-year-old son had died of an accidental overdose of heroin with fentanyl on his fourth day in college. He is now one of the hundreds of thousands of Americans who lost their lives at the hands of this scourge, not to mention the enormous economic impact it has had on our country.
This tragedy didn’t have to happen. Social stigma, gaps in mental health and addiction treatment, and a lack of understanding of the disease of substance addiction leave this young addiction warrior with a demand-side failure.
But he was also disappointed on the supply side. The fentanyl that killed him should never have been on the street. That lethal dose might never have reached Jonathan had the critical oversight authority used by our intelligence agencies been fully applied to the fentanyl crisis that began to hit our country around the time of Jonathan’s death.
Section 702 of the Foreign Intelligence Surveillance Act fills the gaps that existed prior to September 11th, allowing the United States to effectively collect information about foreign nationals abroad and improving the evolving electronic communication tools used by those conducting U.S. intelligence operations. enacted by Congress in 2008 to keep abreast of harm the nation.
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This provision allows the U.S. government to conduct lawful surveillance of aliens residing outside the United States and require electronic communication service providers to provide such collections.
In some cases, in the course of researching these collections of non-U.S. persons, relevant information may emerge that indicates that the target communicated with or about U.S. persons. In such cases, specially authorized intelligence officials are authorized to conduct investigations to determine whether the United States person is a suspected alien victim or accomplice. In the case of fentanyl, Section 702 allows authorities to be alerted to drug cartels working with Americans, but a warrant is usually required to target and collect that person’s communications.
Unless Section 702 is renewed by Congress, as it has twice before, it will expire in December. But, as if there weren’t enough divisive issues within our politics at the moment, the revamping of this crucial tool our intelligence agencies use to protect our country is now at both ends of the political spectrum. being challenged by
The death of my avoidable son is not the only factor that brought me to this issue. I serve as chair of the bipartisan Presidential Intelligence Advisory Board (PIAB), which helps ensure that our intelligence agencies have the skills, artefacts, and powers they need to best serve the American people. doing. I also chair the Information Oversight Board (IOB). The IOB is tasked with determining whether mistakes made by the community show trends that require corrective action. These two positions gave me a front row seat to the importance of Section 702 renewals.
I understand and agree with the concern that a free society should have with surveillance authorities of all kinds. Therefore, it is right and proper for us to challenge Section 702 in his two ways. First, we should ask whether it offers real value in keeping our country safe. Second, we need to know that appropriate safeguards are in place to ensure that it is carried out in accordance with our constitution, laws and values. You must then determine whether the intelligence value of this clause can offset the likelihood of situations in which abuse of authority may occur. Rarely, if the appropriate safeguards are in place and functioning.
We at the PIAB and IOB were tasked by the President this spring to critically consider these questions. The President released a compiled report in July, which the President has never done before, in which we came to two very important conclusions. .
beginning, Section 702 is a vital tool used by intelligence agencies to protect our nation in an era of rapidly evolving communications. It informs a very high percentage of US intelligence operations. It has saved American lives, prevented cyberattacks, helped apprehend spies, helped stop the proliferation of weapons, and, in limited applications based on existing certifications, helped stop fentanyl traffickers. .
However, it does not have specific powers to target foreign manufacturers and distributors of fentanyl and other synthetic drugs, which could help unravel the production and supply chains that underpin this illegal trade. Therefore, we recommended the addition of specific anti-drug “certifications” that would allow for much more collection of foreign fentanyl traffickers than is currently possible.
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number twoNow that Section 702 has come of age, we will maintain privacy protections for Americans whose communications may be accidentally collected if they contact foreigners abroad who are targets of Section 702. to better understand how to strengthen its enforcement. Some of the necessary reforms have already been caught by the FBI. In our report to the President, we recommended additional measures that should restore the confidence of the American people that their powers are being used properly. In my discussions with senior and mid-career FBI officials, it is clear that they are determined to get this issue right.
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When Section 702 was first enacted, our country was still grieving the terrorist attacks of 9/11. Now, about every two weeks, illegally imported fentanyl kills as many Americans as it did on that infamous day. As a result, the fact that, like so many other Americans, the foreign actor chose to smuggle synthetic drugs into our country for profit, his son lost his battle with the disease of addiction. I mourn every day. That is why I believe the powers of Section 702, among other important purposes, should be used more, not less, to help stop these drugs.
As we said in our PIAB/IOB report, “History may judge if Congress fails to reauthorize Section 702.” [its lapse] One of the worst intelligence failures of our time. Let’s put politics aside and defend our nation from all threats, including illegal synthetic drugs, while holding fast to our belief in civil liberties.