Amid growing questions about the United States' international surveillance programs, the House Intelligence Committee is turning its attention back to the question of whether to amend the laws about metadata collection by the National Security Agency.
The rare open hearing before the panel Tuesday features Director of National Intelligence James Clapper, Deputy Attorney General James Cole, National Security Agency Director General Keith Alexander, and Deputy Director of the NSA Chris Inglis. The witnesses from the NSA are all but certain to be asked about U.S. surveillance of its allies, which has been in the news this week.
Chairman Mike Rogers opened the hearing with a defense of the country's intelligence collection, which he said has and will help to break up terrorist plots in an increasingly interconnected world.
"Our challenge is to build confidence and transparency while keeping our intelligence services agile and effective against our adversaries," he said. Rogers added that what makes the U.S. unique is not that it collects foreign intelligence - every country does that, he said - but that it has a unique commitment to privacy.
"China does not aska FISA court for a warrant to listen to a phone call on their state-owned and censored network. The Russian Duma does not conduct oversight on the FSB" he said. "But America has those checks; America has those balances. That is why we should be proud of the manner in which America collects intelligence."
Among the changes the panel is putting the attorney general, instead of the NSA, in charge of making a "reasonable, articulable suspicion" determination that a particular phone number is related to a terrorist and therefore may be used to search bulk telephone records. They are also examining ways to increase transparency of the Foreign Intelligence Surveillance Act Court orders, including the possibility of requiring more court orders to be declassified or publicly released in redacted form.
Rogers said transparency could also improve by codifying the process and standards for what happens to information that is incidentally collected about U.S. citizens who are not the target of their programs, and to provide more public reporting how often it happens.
The entire U.S. surveillance program has been under fire this year after leaks from NSA whistleblower Edward Snowden revealed the extent of the collection of both domestic and foreign communications.
Germany has been particularly incensed after learning that the U.S. government monitored the communications of Chancellor Angela Merkel for years. The White House insists it is not and will not spy on Merkel in the future, but media reports indicate that President Obama only learned of the program this summer.
On Monday, Senate Intelligence Committee chairwoman Dianne Feinstein, D-Calif., indicated that the Senate was also not informed about the program and called for a total review of all intelligence programs.
"With respect to NSA collection of intelligence on leaders of U.S. allies--including France, Spain, Mexico and Germany--let me state unequivocally: I am totally opposed," she said in a statement. She also said the White House had informed her that monitoring of the U.S.'s allies would not continue.
The White House did not comment on Feinstein's statement, instead asserting that they are in the middle of a broad review of intelligence collection that will examine "whether we have the appropriate posture when it comes to Heads of State; how we coordinate with our closest allies and partners; and what further guiding principles or constraints might be appropriate for our efforts," according to National Security Council spokeswoman Caitlin Hayden. "We are also looking at whether the system that's been in place for many years, called the National Intelligence Priorities Framework, could be modified to provide better policy guidance for our intelligence activities."
The review is expected to conclude by the end of the year.
The rare open hearing before the panel Tuesday features Director of National Intelligence James Clapper, Deputy Attorney General James Cole, National Security Agency Director General Keith Alexander, and Deputy Director of the NSA Chris Inglis. The witnesses from the NSA are all but certain to be asked about U.S. surveillance of its allies, which has been in the news this week.
Chairman Mike Rogers opened the hearing with a defense of the country's intelligence collection, which he said has and will help to break up terrorist plots in an increasingly interconnected world.
"Our challenge is to build confidence and transparency while keeping our intelligence services agile and effective against our adversaries," he said. Rogers added that what makes the U.S. unique is not that it collects foreign intelligence - every country does that, he said - but that it has a unique commitment to privacy.
"China does not aska FISA court for a warrant to listen to a phone call on their state-owned and censored network. The Russian Duma does not conduct oversight on the FSB" he said. "But America has those checks; America has those balances. That is why we should be proud of the manner in which America collects intelligence."
Among the changes the panel is putting the attorney general, instead of the NSA, in charge of making a "reasonable, articulable suspicion" determination that a particular phone number is related to a terrorist and therefore may be used to search bulk telephone records. They are also examining ways to increase transparency of the Foreign Intelligence Surveillance Act Court orders, including the possibility of requiring more court orders to be declassified or publicly released in redacted form.
Rogers said transparency could also improve by codifying the process and standards for what happens to information that is incidentally collected about U.S. citizens who are not the target of their programs, and to provide more public reporting how often it happens.
The entire U.S. surveillance program has been under fire this year after leaks from NSA whistleblower Edward Snowden revealed the extent of the collection of both domestic and foreign communications.
Germany has been particularly incensed after learning that the U.S. government monitored the communications of Chancellor Angela Merkel for years. The White House insists it is not and will not spy on Merkel in the future, but media reports indicate that President Obama only learned of the program this summer.
On Monday, Senate Intelligence Committee chairwoman Dianne Feinstein, D-Calif., indicated that the Senate was also not informed about the program and called for a total review of all intelligence programs.
"With respect to NSA collection of intelligence on leaders of U.S. allies--including France, Spain, Mexico and Germany--let me state unequivocally: I am totally opposed," she said in a statement. She also said the White House had informed her that monitoring of the U.S.'s allies would not continue.
The White House did not comment on Feinstein's statement, instead asserting that they are in the middle of a broad review of intelligence collection that will examine "whether we have the appropriate posture when it comes to Heads of State; how we coordinate with our closest allies and partners; and what further guiding principles or constraints might be appropriate for our efforts," according to National Security Council spokeswoman Caitlin Hayden. "We are also looking at whether the system that's been in place for many years, called the National Intelligence Priorities Framework, could be modified to provide better policy guidance for our intelligence activities."
The review is expected to conclude by the end of the year.
