Big Important News: Wyden Urges Senate to Reform Mass Surveillance, Protect Americans' Rights & Reject Rudd to lead NSA

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from Techdirt -- The Wyden Siren Goes Off Again: We’ll Be “Stunned” By What the NSA Is Doing Under Section 702


...Here’s a sitting member of the Senate Intelligence Committee — someone with access to the classified details — is telling his colleagues and the public that there is a secret interpretation of Section 702 that “directly affects the privacy rights of Americans,” that he’s been asking multiple administrations to declassify it, that they’ve all refused, and that when it finally comes out, people will be stunned.

If you’ve followed Wyden for any amount of time, this all sounds very familiar. In 2011, Wyden warned that the government had secretly reinterpreted the PATRIOT Act to mean something entirely different from what Congress and the public understood. He couldn’t say what. Nobody believed it could be that bad. Then the Snowden revelations showed the NSA was engaged in bulk collection of essentially every American’s phone metadata. In 2017, he caught the Director of National Intelligence answering a different question than the one Wyden asked about Section 702 surveillance. The pattern repeats. The siren sounds. Years pass. And then, eventually, we find out it was worse than we imagined.

Now here he is, doing the exact same thing with Section 702 yet again, now that it’s up for renewal. Congress is weeks away from a reauthorization vote, and Wyden is explicitly telling his colleagues (not for the first time) they are preparing to vote on a law whose actual meaning is being kept secret from them as well as from the American public:

The past fifteen years have shown that, unless the Congress can have an open debate about surveillance authorities, the laws that are passed cannot be assumed to have the support of the American people. And that is fundamentally undemocratic. And, right now, the government is relying on secret law with regard to Section 702 of FISA. I’ve already mentioned the provision that was stuck into the last reauthorization bill, that could allow the government to force all sorts of people to spy on their fellow citizens. I have explained the details of how the Biden Administration chose to interpret it, and how the Trump Administration will interpret it, are a big secret. Americans have the right to be confused and angry that this is how the government and Congress choose to do business.

That’s a United States senator who has a long history of calling out secret interpretations that lead to surveillance of Americans — standing on the Senate floor and warning, once again, that there’s a secret interpretation of Section 702 authorities. One that almost certainly means mass surveillance.
And Wyden knows exactly how this plays out. He’s been through the reauthorization cycle enough times to know the playbook the intelligence community runs every time 702 is up for renewal:

I’ve been doing this a long time, so I know how this always goes. Opponents of reforming Section 702 don’t want a real debate where Members can decide for themselves which reform amendments to support. So what always happens is that a lousy reauthorization bill magically shows up a few days before the authorization expires and Members are told that there’s no time to do anything other than pass that bill and that if they vote for any amendments, the program will die and terrible things will happen and it will be all their fault.
Don’t buy into that.

He’s right. Every time reauthorization is on the table, no real debate happens, and then just before the authorization is about to run out, some loyal soldier of the surveillance brigade in Congress will scream “national security” at the top of their lungs, insist there’s no time to debate this or people will die, and then promises that we need to just re-authorize for a few more years, at which point we’ll be able to hold a debate on the surveillance.

A debate that never arrives...

... Wyden has also been sounding the alarm about the expansion of who can be forced to spy on behalf of the government, thanks to a provision jammed into the last reauthorization that expanded the definition of “electronic communications service provider” to cover essentially anyone with access to communications equipment. As Wyden explained:

Two years ago, during the last reauthorization debacle, something really bad happened. Over in the House, existing surveillance law was changed so that the government could force anyone with “access” to communications to secretly collect those communications for the government. As I pointed out at the time, that could mean anyone installing or repairing a cable box, or anyone responsible for a wifi router. It was a jaw-dropping expansion of authorities that could end up forcing countless ordinary Americans to secretly help the government spy on their fellow citizens.

The Biden administration apparently promised to use this authority narrowly. But, of course, the Trump administration has made no such promise. As we say with every expansion of executive authority, just imagine how the worst possible president from the opposing party would use it. And now we don’t have to wonder any more.

Wyden correctly points out that secret promises from a prior administration are worth exactly nothing:

But here’s the other thing – whatever secret promise the Biden Administration made about using these vast, unchecked authorities with restraint, the current administration clearly isn’t going to feel bound by that promise. So whatever the previous administration intended to accomplish with that provision, there is absolutely nothing preventing the current administration from conscripting those cable repair and tech support men and women to secretly spy on Americans.

So to tally this up: Congress is about to vote on reauthorizing Section 702 with a secret legal interpretation that Wyden says will stun the public when it’s eventually revealed, with “reforms” that placed surveillance approval authority in the hands of conspiracy theorists who won’t even keep a spreadsheet, with a massively expanded definition of who can be forced to help the government spy, with secret promises about restraint that the current administration has no intention of honoring, and with a nominee to lead the NSA who won’t commit to following the Constitution.

The Wyden Siren is blaring. And if history is any guide — and it has been, without exception — whatever is behind the classification curtain is worse than what we can see from the outside.
https://www.techdirt.com/2026/03/12/the-wyden-siren-goes-off-again-well-be-stunned-by-what-the-nsa-is-doing-under-section-702/

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Ron Wyden is the other MVP of the US Senate (besides Sen. Whitehouse). When Wyden speaks for the Congressional Record, we'd better listen.

[2naSalit]

1. K&R

[ancianita]

2. An example of how long Ron Wyden has been a badass senator...