NSA, Cyber Command nominee touts support of Section 702 renewal

Air Force Lt. Gen. Timothy Haugh, President Biden’s pick to lead the NSA and the U.S. Cyber Command, said on Thursday that he is in favor of renewing Section 702 of the Foreign Intelligence Surveillance Act.

During a Thursday confirmation hearing held by the Senate Armed Services Committee, Haugh said Section 702 has provided invaluable intelligence over the years, which has helped identify and disrupt attacks against the U.S.

“Section 702 is an irreplaceable foreign intelligence authority,” Haugh said. “It enables the intelligence community to collect against foreign persons overseas.”

“The ability to identify foreign hacking of activities in the United States, whether that be U.S. companies or individuals is a critical source to be able to do that,” he added.

Haugh also said that the surveillance authority has allowed the intelligence community to use it for different purposes, including fighting international terrorism, monitoring the flow of fentanyl into the U.S. originating from China, and “egregious acts” that Russia has committed in its war against Ukraine.

Biden nominated Haugh in May to serve as the new head of the NSA and the U.S. Cyber Command, replacing Gen. Paul Nakasone, who is expected to resign in the coming months. Haugh currently serves as the deputy commander of U.S. Cyber Command.

Haugh was specifically responding to a question raised by the committee’s chairman Sen. Jack Reed (D-R.I.) who wanted to know whether the lieutenant general would support renewing Section 702 and how he would address privacy concerns regarding the surveillance authority.

Haugh said a culture of compliance within the agency is needed to ensure proper oversight of the surveillance authority.

“The National Security Agency and all of the employees are focused on how to protect their fellow Americans and that includes their civil liberties,” he said.

“So that inside of Section 702 is a rigorous set of oversight, both through personal accountability as well as technical accountability, to ensure that the authority is used appropriately for its intended purpose for foreign persons overseas,” he added. 

Section 702, which is set to expire at the end of the year unless Congress renews it, has sparked concerns from both Republican and Democratic lawmakers. Those concerned with Section 702 are asking the intelligence community make significant reforms to how it is used for gathering intelligence on U.S. citizens communicating with people abroad. 

“I will only support the reauthorization of Section 702 if there are significant — significant — reforms. And that means, first and foremost, addressing the warrantless surveillance of Americans in violation of the Fourth Amendment,” said Senate Judiciary Committee Chair Dick Durbin (D-Ill.) during a June Congressional panel that discussed the matter. 

“It was my view when this program was first authorized by Congress in 2008 — and it is my view now — that Section 702 does not sufficiently protect the privacy and civil liberties of Americans,” he added. 

Democrats have also expressed concerns that use of Section 702 can disproportionately affect people of color and religious minorities. 

A court order released in the spring revealed that the FBI repeatedly misused the authority in cases tied to the Jan. 6, 2021, insurrection and 2020 racial justice protests.

The FBI said the violations of the authority happened before the agency introduced some reforms starting in the summer of 2021. 

“FISA 702 is a powerful authority that the Intelligence Community uses every day to prevent terrorist attacks, disrupt cyber attacks, and gain unique intelligence insights on foreign targets,” said Jim Hines (D-Conn.), the ranking member of the House Intelligence Committee, in a March statement. 

“Allowing this critical authority to lapse would be deeply negligent and put our national security at risk. At the same time, it is our duty as Representatives to ensure that these authorities do not violate Americans’ constitutionally protected rights and to look at further reforms to protect those rights,” he added. 

Updated at 3:57 p.m.