Rep. Jim Himes has publicly affirmed his support for the reauthorization of the Federal Intelligence Surveillance Act (FISA). It’s a stance that has many of Himes’ constituents calling for him to withdraw his support for the program.
Opponents of FISA, say the program which doesn’t require judicial warrants, poses a threat to privacy and civil rights. They rallied outside of a meeting on the topic, held at the Museum of Contemporary Art CT (MoCA), Monday evening.
Those speaking out against the program want it to be illegal for FISA to use AI and consumer data. They fear the program could be used to spy on their private communications.
Himes, who is the ranking member of the House Permanent Select Committee on Intelligence, said that is not true.
“The stuff that you leave on Facebook and Instagram that is not (FISA) 702 … it is also not related in any way to AI,” Himes said. “There is no artificial intelligence used in the FISA 702 collection.”
Himes said the program has been reformed to safeguard against government overreach.
“It is our most important intelligence collection tool … every day it stops terrorist attacks somewhere in the world,” Himes said.
Joseph Perez-Caputo, who announced he’s challenging Himes in a primary election, was among the protesters who criticized Himes and FISA.
Perez-Caputo said the act has a loophole, which allows the government to use consumer data for its operations.
“They can take that scrub data and sell it to the government without a judicial warrant, essentially giving a green light and an open floodgate to a surveillance state,” Perez-Caputo said.
Himes said he was open to more reforms.
“I'm perfectly happy to continue the discussion about additional restrictions, including warrants,” Himes said.
FISA was created in 1978, but the 702 section which Himes referred to, was created by Congress in 2008, as a way for the federal government to collect surveillance data on non-U.S. citizens outside of the United States.
According to the federal government, it is not a bulk collection program. But, communication between a foreign national and someone in the United States may also be tracked, which is subject to rigorous legal oversight.
But Perez-Caputo said President Donald Trump’s administration cannot be trusted to act lawfully and criticized Himes’ efforts.
“It's something the presidential White House really wants right now, and when Jim took a look that there weren't enough Republicans to back it, he decided to throw his democratic power and weight behind getting a bunch of Democrats to support it, which is against the needs of, frankly, the nation, but certainly District Four,” Caputo-Perez said.
While Himes said there are protections in place, he admitted some U.S citizens do end up getting their data accessed by what he called defensive person queries. That is when U.S. citizens not actively being investigated or surveilled end up being connected to an investigation, according to Himes.
“Incidentally, US person data does get sucked into that database, and it's totally legitimate to say that that's uncomfortable,” Himes said.
Himes came under criticism after Wired Magazine, a tech magazine, previously revealed Himes had privately lobbied other Democratic congressional officials into supporting the reauthorization of FISA.
Wired also reported no congressional officials are actively calling to end the act.
While many protesters criticized Himes, at least one at Monday’s event defended FISA. Danielle Teplica, said the program’s mission is crucial, even as she expressed concern for potential abuses.
“I don't trust the federal government's word … based on their actions in the last year, but I believe that what is in place right now shouldn't be thrown out ... so I feel like right now, it seems to be working to our benefit to keep people safe,” Teplica said.
