US officials want Section 702 renewed before damaging court ruling goes public
Summary
Senators Ron Wyden and Adam Schiff say the Trump administration is unlawfully withholding a secret court ruling about Section 702 surveillance while seeking the program’s renewal. The ruling found problems with search filters used to access Americans’ communications, but the court allowed surveillance to continue for another year.Key Facts
- Section 702 expired in June after Congress did not renew it, but collection continues under a court approval issued in March.
- The Foreign Intelligence Surveillance Court objected to search filters that let analysts find Americans’ messages without required approvals, written justifications or records.
- The ruling has not been made public, although government guidance says rulings like it are reviewed for release within 180 days; that period ended September 13.
- Wyden and Schiff asked Director of National Intelligence Jay Clayton and Attorney General Todd Blanche to explain the delay and identify responsible officials by November 6.
- In July, Blanche said he would commit to declassifying the ruling by the 180-day deadline.
- Demand Progress and 22 other civil liberties and accountability groups urged Congress not to renew Section 702 while the ruling remains withheld.
- Clayton, who is legally responsible for declassifying the ruling, has not promised it will be released before Congress considers renewal.
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