CALLING IN A RINGER — On the heels of embarrassing new reports documenting how FBI officials improperly searched a foreign intelligence repository for information on Americans, the Biden administration surely recognizes that its odds of convincing Congress to re-up the spy program that gathered that data absent major reform are increasingly slim. Maybe that’s why it’s decided to call in some local experts in negotiation. The State Department's assistant secretary for intelligence and research, Brett Holmgren, will deliver a speech this afternoon at the Center for Strategic and International Studies about how the law — Section 702 of the Foreign Intelligence Surveillance Act — strengthens U.S. diplomacy and foreign policy. At a minimum, Holmgren’s appearance is a sign that the debate over the foreign spying program is intensifying ahead of its year-end sunset. The State Department does not have direct access to data collected under Section 702, and it played little public role in the two prior efforts to renew it. But it could also offer a hint at how much distance there remains between the White House and Congress, where lawmakers are clamoring for stronger safeguards to ensure Americans’ data is not swept up or sifted through via the program. Where Holmgren can land some punches — The Biden administration is trying to make the case that the law — which allows the government to access the digital communications of foreign nationals stored with U.S. tech giants — is as indispensable as ever, even though the threat it is often associated with, terrorism, has dissipated in recent years. One possibility is that Holmgren, who acts as the principal intelligence adviser to the secretary of state, will make news by disclosing some powerful vignettes about how the law has aided Antony Blinken and other U.S. diplomats across the globe. A spokesperson for State did not respond to a request for comment about the content of Holmgren’s speech. But in its bid to renew the program, the administration has already disclosed that the law helps thwart a wider range of threats than previously acknowledged, from cybercrime and fentanyl trafficking to international terrorism and IP theft. Why he might not — It's not clear what Holmgren can say that will sway Congress’ mind about the need for reform, given that lawmakers' most significant concerns relate to the FBI's ability to sift through the database for information on Americans without first acquiring a warrant. While the administration has argued that many of those searches are used to protect, not investigate, U.S. persons and that recently disclosed FBI privacy violations preceded the implementation of internal compliance tweaks, a vocal cohort of lawmakers are adamant about the need for new bureau safeguards. “Democrats and Republicans don’t see eye to eye on many issues, however there is growing bipartisan consensus that we need to enact reforms to Section 702 and FISA as a whole,” Rep. Zoe Lofgren (D-Calif.) told MC in a statement. Lofgren cited a warrant requirement for the FBI as one of two “minimum” reforms she wants to see before renewal. “Pretending that Congress has to accept ongoing violations of Americans’ privacy as a condition of protecting our national security is a false choice,” Keith Chu, chief communications adviser for Sen. Ron Wyden (D-Ore.), told MC. Wyden, a longtime privacy advocate, has spearheaded prior bills to introduce a warrant requirement for searches of Americans’ info within 702 databases. One thing to watch — The extent to which Holmgren addresses — or dances around — the possibilities of reform. Thus far, the administration has drawn a fuzzy line in the sand, expressing openness to new privacy safeguards so long as they don’t undermine the effectiveness of the program. Is warrant requirement for domestic law enforcement a deal-breaker? And if so, is the administration willing to pony up other privacy protections — or will it just keep insisting all is good and well in the land of 702?
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