Former NSA official: 'Timing couldn't have been worse' for FISA 702 to expire

[00:00:00][music] >> I'm Altra Elnisar on Capitol Hill. A post-9/11 foreign surveillance law expiring Friday after it failed to get enough support in Congress for renewal.

[00:00:14]Many Democrats argue President Trump's acting director of national intelligence cannot be trusted. The expiration could impact national security ahead of some high-profile summer events.

[00:00:26]>> FISA Section 702. It may sound like just another mundane federal statute, but many argue this post-9/11 law is imperative for keeping America safe from terrorists.

[00:00:37]>> The bill will allow our intelligence professionals to quickly and effectively monitor the communications of terrorists abroad.

[00:00:43]>> It allows the federal government to spy on communications of non-Americans outside of the United States without a warrant. FISA 702 is controversial. Many argue it's abused, and there have been times when Americans' communications have been illegally surveilled.

[00:00:58]>> The bill is not passed.

[00:01:00]>> 19 Republicans and 199 Democrats voting against renewing 702. Some oppose the policy altogether, but most of them don't think the president's acting director of national intelligence can be trusted.

[00:01:13]>> This program is unconstitutional, and there's only one way to fix it. Require warrants, judicial warrants.

[00:01:19]>> Bill Pulte has no national security experience, no law enforcement experience, and no military experience.

[00:01:27]>> President Trump announced he's nominating US Attorney Jay Clayton to serve as DNI long-term, but it'll take time to get Senate confirmation. FISA 702 does have a provision that allows existing orders to continue for up to a year after the law expires.

[00:01:44]>> The problem, however, is that uh as we've heard before [clears throat] from other telecom and internet providers, some of them have said, "We may not comply once the statute expires."

[00:01:56]>> With the World Cup and America 250 events, plus wars in the Middle East and Ukraine, former NSA General Counsel Glenn Gerstell says the timing couldn't be worse.

[00:02:06]>> 702 is really irreplaceable. There's nothing like it. It's the very early part of an investigation where we're trying to thwart a cybersecurity incident or a terrorist plot or learn about what foreign leaders are up to.

[00:02:19]>> It's hard to predict the consequences of 702 expiring. There have been brief lapses in the past. Gerstell says it's never lasted long enough to disrupt operations, as will likely be the case now. On Capitol Hill, I'm Auther El-Hashar reporting.