Dear Mr. Baker:
I received your letter and want to thank you for expressing your concerns about government surveillance authorities. I recognize that this is an important issue to you, and I welcome the opportunity to share my points of view.
I believe that law enforcement and the intelligence community need the authorities in the Foreign Intelligence Surveillance Act (FISA) to collect intelligence information necessary to prevent terrorist attacks and protect our nation. Under FISA, surveillance authorities are subject to judicial oversight from the FISA Court, require approvals from senior officials in the Executive Branch, and are subject to full oversight by the Department of Justice and the Congress.
As Chairman of the Senate Intelligence Committee, and as a member of the Senate Judiciary Committee, I can assure you that oversight of the government’s surveillance authorities is a major priority for these Committees.
Earlier this year, I supported the FISA Extensions Act of 2011 (Public Law 112-3), which Congress passed on May 26, 2011 to extend three provisions in FISA—known as “roving wiretaps,” “lone wolf,” and “business records” provisions—until June 1, 2015. I believe these are important counterterrorism tools, and that the expiration of these authorities would reduce our security.
During the debate, I pledged, as Chairman of the Senate Select Committee on Intelligence, to hold hearings in that Committee on the uses of these three provisions and other FISA authorities, and those hearings have taken place. I intend to hold further hearings in 2012 to continue considering FISA authorities and whether they should be extended.
Be assured that I recognize your concerns about the transparency and oversight of the Government’s surveillance authorities. Like you, I strongly believe in transparent government, and protecting Americans’ personal privacy rights. Unfortunately, there is a limit to the amount of transparency possible when discussing classified intelligence programs, which is why I believe that congressional oversight of these matters is vital.
Again, thank you for your letter. Hearing your perspectives is very helpful to me. Should you have any additional comments or questions, please contact my Washington, D.C. office at (202) 224-3841.
Wishing you a happy 2012.
Sincerely yours,
Dianne Feinstein United States Senator
