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The Wyden Siren Goes Off Again: We'll Be "Stunned" by NSA Under Section 702

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Why This Matters

Senator Ron Wyden warns that the NSA's activities under Section 702 are more extensive and secretive than publicly known, and that declassification will reveal shocking details about surveillance practices. This highlights ongoing concerns about government transparency and privacy rights in the digital age, emphasizing the need for informed public debate and oversight. The potential revelations could significantly impact trust in government surveillance programs and influence future policy decisions.

Key Takeaways

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

from the it's-blaring dept

Senator Ron Wyden says that when a secret interpretation of Section 702 is eventually declassified, the American public “will be stunned” to learn what the NSA has been doing. If you’ve followed Wyden’s career, you know this is not a man prone to hyperbole — and you know his track record on these warnings is perfect.

Just last month, we wrote about the Wyden Siren — the pattern where Senator Ron Wyden sends a cryptic public signal that something terrible is happening behind the classification curtain, can’t say what it is, and then is eventually proven right. Every single time. The catalyst then was a two-sentence letter to CIA Director Ratcliffe expressing “deep concerns about CIA activities.”

Well, the siren is going off once again. This time, Wyden took to the Senate floor to deliver a lengthy speech, ostensibly about the since approved (with support of many Democrats) nomination of Joshua Rudd to lead the NSA. Wyden was protesting that nomination, but in the context of Rudd being unwilling to agree to basic constitutional limitations on NSA surveillance. But that’s just a jumping off point ahead of Section 702’s upcoming reauthorization deadline. Buried in the speech is a passage that should set off every alarm bell:

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. I strongly believe that this matter can and should be declassified and that Congress needs to debate it openly before Section 702 is reauthorized. In fact, 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.

You can see the full video here if you want.

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:

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