Rep. Lauren Boebert (R-CO) on Monday wrote to National Security Agency (NSA) Director Joshua Rudd about multiple instances of “deeply troubling abuses of power” by NSA analysts who have misused Section 702 of FISA to search private communications, including a person met through a dating service and a potential tenant.
“I write to demand answers about a deeply troubling abuse of power by a National Security Agency analyst who exploited one of our nation’s most sensitive surveillance authorities to spy on Americans met through an online dating service,” Boebert wrote to the NSA.
She recounted an incident that was disclosed by the Privacy and Civil Liberties Oversight (PCOAB)’s September 2023 report that “represents exactly the kind of government overreach that erodes the trust of the American people in their intelligence community.”
“As a Member of Congress who takes both national security and the constitutional rights of every American seriously, I find it unacceptable that nearly three years after this abuse was disclosed, the public has received no accounting of what consequences, if any, were imposed on the individuals responsible,” she added.
Lauren Boebert inquiry to NSA Director by Breitbart News
The PCOAB revealed that an NSA analyst had used Section 702 databases on two occasions to search information about individuals that he or she had met through an online dating service. In another incident, two NSA analysts searched a non-U.S. person who was a potential tenant for a rental property.
Section 702 is a surveillance authority meant to be used to spy on foreign adversaries; however, Americans’ private communications incidentally get surveilled without a warrant contrary to the Fourth Amendment protections against warrantless surveillance.
“These cases demonstrate a troubling willingness by some NSA personnel to treat sensitive foreign intelligence tools as a personal resource rather than a national security instrument,” Boebert wrote.
The congresswoman noted that Section 702 is scheduled to expire on April 20. She argued that any legislation to reauthorize the spying authority must include accountability measures that apply to all agencies, not just the FBI.
Breitbart News reported that a group of deep state actors including former Director of National Intelligence James Clapper, former CIA Director John Brennan, and others urged Congress to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA) without reforms.
Boebert continued, “I also insist on a warrant requirement for any queries of an American so that a judge decides whether a search of an American’s private communications is justified.”
She demanded the following information 10 days from April 13:
- A detailed accounting of the disciplinary actions taken, if any, against the NSA analyst who
queried individuals met through an online dating service. If the analyst remains employed or
retains a security clearance, explain why. - A detailed accounting of the disciplinary actions taken, if any, against the two NSA analysts
who queried a potential tenant. If either remains employed or retains a security clearance,
explain why. - The total number of NSA personnel referred for disciplinary action, suspended, terminated,
or stripped of security clearances for noncompliant U.S. person queries under Section 702, by
calendar year from 2020 through 2025. - A description of the NSA’s current internal accountability standards for noncompliant
queries, including whether they feature escalating penalties for repeat offenses and whether
willful misconduct is referred to the Inspector General or Department of Justice. - Whether the NSA has identified any additional instances since 2022 in which analysts used
Section 702 queries for personal purposes (including romantic interests, neighbors, tenants,
business associates, or acquaintances) and what actions were taken in each case. - Whether any of the analysts involved in the 2022 incidents were referred for criminal
prosecution under 50 U.S.C. § 1809, 18 U.S.C. § 1030, the criminal provisions in Section 13
of RISAA, or any other federal statute. If not, provide the legal basis for declining referral in
each case.
Boebert added, “The American people deserve to know that abuses of this extraordinary power carry real consequences.”
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