Originally reported by Schneier on Security
TL;DR
Senator Ron Wyden revealed during a Senate floor speech that there is another classified example of Section 702 surveillance abuse that he believes should be declassified before Congress votes on reauthorization. Wyden stated that when eventually revealed, Americans will be "stunned" by the matter and that Congress has been debating the authority with insufficient information.
While this reveals no immediate technical threat, it signals potentially significant unreported surveillance abuses that could affect policy decisions on a major intelligence authority.
Senator Ron Wyden delivered a pointed warning during a Senate floor speech about an undisclosed Section 702 surveillance abuse that remains classified, according to security researcher Bruce Schneier's analysis of the proceedings.
The Oregon Democrat's remarks came during debate over Joshua Rudd's nomination to lead the NSA, which was ultimately approved despite Wyden's objections. However, the nomination served as a vehicle for broader concerns about surveillance overreach ahead of Section 702's upcoming reauthorization deadline.
Buried within Wyden's speech was a stark revelation about classified surveillance activities:
"There's another example of secret law related to Section 702, one that directly affects the privacy rights of Americans. For years, I have asked various administrations to declassify this matter. Thus far they have all refused, although I am still waiting for a response from DNI Gabbard."
Wyden emphasized that the classified matter "can and should be declassified" and warned that "when it is eventually declassified, the American people will be stunned that it took so long and that Congress has been debating this authority with insufficient information."
Schneier notes that Wyden's warnings have proven prescient over the decades, lending credibility to his latest concerns. The senator has previously exposed surveillance abuses through carefully worded public statements that respect classification boundaries while signaling serious problems.
The timing of Wyden's warning is particularly significant given Section 702's approaching reauthorization deadline. The foreign intelligence surveillance authority has been controversial due to its potential for collecting communications involving U.S. persons without traditional warrant requirements.
Wyden's objection to Rudd's nomination centered on the nominee's unwillingness to commit to "basic constitutional limitations on NSA surveillance." This resistance to oversight commitments appears to be part of a broader pattern that concerns the senator as Congress prepares to debate extending Section 702's authorities.
The revelation suggests that congressional oversight committees may be operating with incomplete information about how Section 702 authorities are being implemented in practice.
Originally reported by Schneier on Security