There is no doubt we need more information to shed light on what did and did not happen. But one thing is clear. Anyone genuinely concerned about the unconstitutional surveillance of Americans should turn their attention to reforming one especially problematic section of FISA:
Section 702, which the government relies on to surveil
essentially all Americans’ international communications. Unlike “traditional” FISA, which at least requires the government to obtain an individualized court order to conduct surveillance, Section 702 authorizes the warrantless surveillance of vast quantities of international communications, with virtually no judicial oversight.
Assisted by companies like Facebook, Google, AT&T, and Verizon, the government uses this law to monitor Americans’ communications with foreigners abroad. In doing so, the government sweeps up billions of international emails, web-browsing activities, and phone calls — which NSA, CIA, and FBI analysts can then sift through looking for information about Americans. While there have been no public indications of this to date, it’s possible that Section 702 surveillance also captured communications between the Trump campaign team and the same Russian entities abroad.