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MICHAEL S. LEE COMMITTEES: ~ United States Senate NATURAL RESOURC ‘commence, SCIENCE WASHINGTON, DC 20510-4404 ANDTRANSPORTATION. Jonvr economic ‘comMrTee September 26, 2017 ‘The Honorable Daniel R. Coats Director of National Intelligence Washington, D.C. 20511 Dear Director Coats: We write to seek a clear public answer about the circumstances in which the intelligence ‘community may target individuals using the authority provided by Section 702 of the Foreign Intelligence Surveillance Amendments Act. As you know, later this year, Congress will consider the reauthorization of Section 702, which authorizes the collection, use, and dissemination of electronic communications content either stored by U.S. internet service providers or traveling across the internet’s “backbone.” Unlike traditional FISA surveillance, which requires individualized warrants, surveillance under Section, 702 merely requires that the FISA Court approve broad categories of foreign intelligence information to be collected as well as the targeting and minimization procedures the government intends to employ As Congress considers reauthorization of this authority, we believe itis important that Congress and the American people have a better understanding of the general categories of individuals who can be targeted, particularly given that intelligence community leaders have repeatedly described Section 702 as a tool used to target foreigners who threaten our national security. On May 3, 2017, then-FBI Director James Comey testified before the Senate Judiciary Committee. In his opening statement, Director Comey praised Section 702 as a valuable tool which the intelligence community used to “quickly target terrorists, weapons of mass destruction, proliferators, spies, cyber hackers.” When questioned by Senator Lee at the same hearing about whether Section 702 could only be used to target national security threats, or whether it could be used to collect “foreign affairs related information,” Director Comey responded by stating that “Not that I'm aware of. I think —TI could be wrong, but I don't think so, [think it's confined to counterterrorism, to espionage, to counter proliferation.” When Senator Lee then followed up to ask if the intelligence community “currently use[s} Section 702 to target people abroad in — in instances unrelated to national security threats?” Director Comey responded by stating that “I don't think so, like a diplomat to find out how someone feels about a particular foreign policy issue or something, I don't think so.” Wnited States Senate WASHINGTON, D¢ 20510 Section 702 requires that a “significant purpose” of the surveillance be to obtain “foreign intelligence information,” which is broadly defined as including information related to “the conduct of the foreign affairs of the United States.” Moreover, targeting procedures under Section 702 allow for the targeting of individuals who are “assessed to possess, expected to receive, ot are likely to communicate foreign intelligence information.” ‘These authorities appear to be broader than the limitations described by former Director Comey. In order to facilitate an honest, forthright debate about Section 702, we ask that you clarify the types of individuals and organizations that the intelligence community currently targets under Section 702, Specifically, please indicate which of former Director Comey’s statements during the May 3, 2017, hearing accurately describes the extent of the government's targeting authorities under Section 702 and the limitations on those authorities, We would appreciate an unclassified response to this letter by October 25, 2017. Thank you for your attention to this important matter. Sincerely, Mike Lee Ron Wyden United States Senator United States Senator

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