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Why the Intelligence Community Is Trying to Blow Up Bipartisan FISA Deals

Congress is at a stalemate over the future of its spying law — and it’s facing serious opposition from agencies like the FBI.

FBI NSA Surveillance
The intelligence community has repeatedly called any warrant requirement for the Foreign Intelligence Surveillance Act’s Section 702 unworkable. Jose Luis Magana/AP

Sens. Dick Durbin and Mike Lee crafted the Senate’s first real attempt at compromise on the future of the Foreign Intelligence Surveillance Act’s Section 702 after months of gridlock.

But within weeks of studying the legislation, the intelligence community mobilized against it, saying it would undermine national security and public safety, according to people close to the effort and documents reviewed by NOTUS — just as intelligence officials have with every other major reform proposal introduced by Congress.

Talking points, distributed to former national security officials and other outside allies last week, outlined the intelligence community’s efforts to sink yet another attempt to forge a middle ground between privacy advocates and national security hawks — saying that the Durbin-Lee proposal would curtail the government’s ability to stop terrorist threats.