Paywall bypass: http://archive.today/KYV3b

Mr. Waxman served in senior national security roles in the George W. Bush administration. Mr. Klein served as the chairman of the Privacy and Civil Liberties Oversight Board from 2018 to 2021.

• Matthew Waxman: https://w.wiki/9qQ3
• Adam Klein: https://www.strausscenter.org/person/adam-klein/
  • Robert S. Strauss Center for International Security and Law: https://w.wiki/9qQ8
  • Privacy and Civil Liberties Oversight Board: https://w.wiki/9qQ2
  • Center for a New American Security: https://w.wiki/9qP$

Some of the bill’s critics argued that the F.B.I. should be required to obtain a warrant from a special FISA court before using the information collected under 702 when investigating Americans who may be involved in terrorism, espionage or other national security threats. But requiring such a warrant would have been unnecessary and unwise.

Getting a FISA court order is bureaucratically cumbersome and would slow down investigations — especially fast-moving cybercases, in which queries have proved especially useful. It would cause agents to miss important connections to national security threats. And because this information has already been lawfully collected and stored, its use in investigation doesn’t require a warrant under the Constitution.

Another problem is that the probable cause needed for a warrant is rarely available early in an investigation. But that’s precisely when these queries are most useful. Database checks allow an agent to quickly see whether there is a previously unnoticed connection to a foreign terrorist, spy or other adversary.

Balances struck between security and privacy need continual refinement. Recent years have shown Section 702’s great value for national security. But they have also revealed lax compliance at the F.B.I. The latest reauthorization boosts privacy without blinding our country to threats in today’s dangerous world.