The Latest Push to Extend Key US Spy Powers Is Still a Mess
A senior Democratic aide familiar with the negotiations referred to the section as a “legislative scam,” telling WIRED: “There are many members who don’t quite understand the ins and outs of this law. Tossing the phrase ‘Fourth Amendment requirement’ into the bill is the speaker and the intelligence community working to dupe them into supporting a bill that has no meaningful constitutional safeguards.” Section 5 directs the US attorney general to revoke existing rules on congressional access to the secret court that oversees the 702 program and issue new ones within 60 days. The provision is not self-executing: The access it promises is only as broad as the attorney general chooses to make it. Section 6 is the only provision in the bill with any prospective bite. It strikes language in current law that lets an FBI supervisor, or any employee of equivalent rank, approve a query of the 702 database using an American’s identifier, leaving the decision to an attorney. The same attorneys, however, sit within the class of career employees the administration reclassified …







