Myths vs. Facts: Would Section 702 Reform Enable Cyberattacks?

​Intelligence Community MYTH: Warrantless access to Americans’ data is vital to defending people and companies against cyberattacks and ransomware. Otherwise, we’d be wide-open to cyberattacks from Russia and China.
 
FACT: Most cybersecurity experts disagree with the government’s argument. The Washington Post conducted a survey of “a group of high-level digital security experts from across government, the private sector and security research community.”
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• Only 20 percent agreed with the Administration that Section 702 should be reauthorized without any changes.

 

• Some 64 percent wanted to see changes, and “many respondents advocate adding a warrant requirement when querying Americans’ communications.”

There is no “defensive” exception to the Fourth Amendment. The fact that the government claims to be doing something for our own good does not make it constitutional, nor does it mitigate the privacy intrusion or risk of abuse.
 
If government agents want to access our private communications for our own good, they should simply ask our permission. Without that permission, they should get a probable cause warrant to spy on Americans’ communications.