Episode Transcript
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0:00
Today in Science from Wired. It
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may sound dull, maybe even
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monotonous, but this
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different. As
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a long-time foreign correspondent, I've
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I'm Jane Pirlas, former Beijing bureau chief
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Off, U.S. vs. China,
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where I'll take you behind
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the scenes in the tumultuous U.S.-China
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relationship. Find Face Off
1:00
wherever you get your podcasts. Trump
1:06
loyalists kill vote on U.S. wiretap
1:08
program. An attempt to
1:11
reauthorize Section 702, the so-called crown jewel
1:13
of U.S. spy powers, failed
1:15
for a third time in the House of Representatives
1:18
after former President Donald Trump scrutinized the law,
1:20
by Del Cameron. For
1:23
the third time since December, House
1:25
Speaker Mike Johnson has failed to
1:27
wrangle support for reauthorizing a critical
1:29
U.S. surveillance program, raising questions
1:31
about the future of a law that compels certain
1:33
businesses to wiretap foreigners
1:35
on the government's behalf. Johnson
1:38
lost 19 Republicans on Tuesday
1:40
in a procedural vote that traditionally
1:42
falls along party lines. Republicans control
1:45
the House, but only by a
1:47
razor-thin margin. The failed vote
1:49
comes just hours after former U.S. President Donald
1:51
Trump ordered Republicans to kill
1:53
FISA in a 2 a.m. post
1:55
on Truth Social, referring to the
1:58
Foreign Intelligence Surveillance Act, the
2:00
program is authorized. The
2:02
Section 702 Surveillance Program, which targets
2:04
foreigners overseas while sweeping up a
2:06
large amount of U.S. communications as
2:08
well, is set to sunset next
2:11
week, on April The
2:13
program was extended by four months in
2:15
late December following Johnson's first failed attempt
2:17
to hold a vote. Congressional
2:20
sources tell Wired they have no idea what the
2:22
next steps will be. The
2:24
program itself will carry on into the next
2:27
year regardless of whether Johnson manages to muster
2:29
up another vote in the next week. Congress
2:32
does not directly authorize this surveillance.
2:34
Instead, it allows the U.S. intelligence
2:36
services to seek certifications from a
2:38
secret surveillance court on a yearly
2:40
basis. The Justice
2:42
Department applied for new certifications in
2:45
February. Last week, it announced
2:47
they'd been approved by the court. The
2:49
government's power to issue new directives
2:51
under the program, without Congress's approval,
2:53
however, remains in question. The
2:56
certifications, which are only required due
2:58
to the incidental collection of U.S.
3:00
calls, generally permit
3:02
the program's use in cases
3:04
involving terrorism, cybercrime, and weapons
3:07
proliferation. U.S. intelligence officials
3:09
have also touted the program as
3:11
crucial for combating the flood of
3:13
fentanyl-related substances entering the U.S. from
3:15
overseas. The program
3:17
remains controversial due to a laundry list
3:20
of abuses committed primarily by the Federal
3:22
Bureau of Investigation, which maintains a
3:24
database that holds a portion of the raw data
3:26
collected under 702. Although
3:29
the government says it only targets foreigners,
3:31
it has acknowledged collecting a large amount
3:33
of U.S. communications in the process. The
3:36
actual amount, it says, is impossible to calculate.
3:39
Nevertheless, it claims that once those
3:41
communications are in the government's possession,
3:43
it is constitutional for federal agents
3:45
to review those wiretaps without a
3:47
warrant. An unlikely
3:50
coalition of progressives and conservative lawmakers formed
3:52
last year in a push to end
3:54
these warrantless searches. Many of
3:56
the Republicans involved vocal critics of the FBI
3:59
following its municipal. The use of it
4:01
to target a Trump campaign staffer and
4:03
twenty sixteen. The Seven
4:05
Oh Two program which is only one part
4:07
of Fi, so it was not implicated in
4:09
that particular controversy. Privacy.
4:11
Experts have criticized proposed changes to the
4:13
Section Seven Oh Two programs championed by
4:16
members of the House Intelligence Committee, as
4:18
well as Johnson, who had previously voted
4:20
in favor of a warrant requirement despite
4:22
now opposing it. It. Seems
4:25
congressional leadership needs to be reminded
4:27
that these privacy protections are overwhelmingly
4:29
popular, says Sean Vid Car. Policy.
4:31
Director at Demand Progress, a
4:33
Civil Liberties focus nonprofit. Surveillance.
4:36
Reformers remain willing and able to do
4:38
that. A group of
4:40
attorneys on Tuesday among the fuse that
4:42
ever present arguments before the Foreign Intelligence
4:44
Surveillance Court said in a statement that
4:47
and amendment offered up by the Intel
4:49
committee risk to dramatically increasing the number
4:51
of Us businesses forced to cooperate with
4:53
the program. Declassified.
4:56
Filings released by the Fi support last
4:58
year revealed that the F B I
5:00
had misused the Seven Oh Two program
5:02
more than two hundred seventy eight thousand
5:04
times. including. As reported
5:06
by The Washington Post against Crime
5:09
victims, January Sixth Riot suspects people
5:11
arrested at protests after the policing
5:13
killing of George Floyd in Twenty
5:15
Twenty and in one case nineteen
5:18
thousand donors to a congressional candidate.
5:21
James. Tyranny of Ascii, A senior
5:23
policy analyst at Americans for Prosperity, a
5:25
Washington Dc think tank pushing for change
5:28
to Section Seven. Oh two. says.
5:30
That, despite recognizing it's value, he
5:32
remained a troubled program in need
5:35
of significant and meaningful reforms. The.
5:38
Outcome of today was completely avoidable,
5:40
he says. But it requires the
5:42
intelligence community and it's allies to
5:44
recognize that it's days of unaccountable
5:46
and unconditional spying on Americans is
5:48
over. Thanks. For
5:51
listening to Wired my name is he grabs
5:53
soon And for more stories like this one
5:55
visit usatwire.com. like
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what you learned subscribe everywhere listen
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to podcasts and get more
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science news at wired.com/ Science.
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