Former FBI General Counsel Weissmann on FISA Reforms

Should the FBI be allowed to access the content of Americans’ communications–emails, texts and phone calls–without obtaining a judicial warrant? That’s a key question facing Congress, with a looming deadline of April 30th. The question is wrapped up in the reauthorization of the Foreign Intelligence Surveillance Act (FISA) Section 702, which will sunset at the end of this month.I had the opportunity to interview Andrew Weissmann, who served as FBI General Counsel in addition to other positions in the Department of Justice. Below are three highlights from our conversation. Our conversation is available as a video on this page as well as YouTube and soon as a podcast.]A bit of background before the excerpts below: Section 702 allows U.S. intelligence agencies to collect the email, text, and phone conversations of foreign nationals located in foreign countries. As a byproduct, Americans’ communications are caught in the surveillance net as well. Subject to limitations that Congress introduced in 2024, the FBI can dip into that vast database to look for communications of Americans – without a warrant and without probable cause of wrongdoing.Congress is presented with a three-prong fork in the road: reauthorize the tool as is, reform it with new warrant requirements, or let it sunset entirely. (For competing views on this topic at Just Security, see analysis by George Croner and by Elizabeth Goitein and Hannah James.)