By Raphael Satter
WASHINGTON, Jan 29 (Reuters) – U.S. Army Lieutenant General Joshua Rudd, President Donald Trump’s pick to head the National Security Agency, said on Thursday he is in favor of keeping broad foreign surveillance powers introduced following the September 11, 2001, attacks.
But when it came to whether he would seek a warrant before turning those powers against Americans, Rudd had less to say at his confirmation hearing before a U.S. Senate committee.
Section 702 of the Foreign Intelligence Surveillance Act allows the NSA to surveil foreigners abroad using data drawn from U.S. digital infrastructure.
The provision for years has caused anxieties over domestic surveillance because it can allow the NSA’s law enforcement counterparts to mine the massive data trove without a warrant. A 2024 proposal to require them to get a judicial sign-off before searching the data failed in the House of Representatives by a single vote.
With the power up for congressional renewal in April, the contours of Section 702’s powers are again being put up for debate.
Rudd endorsed Section 702 – enacted as part of changes in U.S. intelligence policies following the 2001 al Qaeda attacks on the United States – during testimony to the Senate Intelligence Committee.
“It’s indispensable,” Rudd told lawmakers. “It’s critical to mission outcomes.”
Asked by Democratic Senator Ron Wyden whether he would insist on a judicial warrant before targeting people in the United States for surveillance, Rudd said that “if confirmed, I will absolutely commit to executing the foreign intelligence mission of the NSA in accordance with the authorities that it has been given and in accordance with all applicable laws.”
Wyden expressed dissatisfaction, telling Rudd, “That is about as vague as anything I’ve heard on the subject.”
When Republican Senator John Cornyn returned to the matter of seeking warrants at the end of the hearing, Rudd stuck to his noncommittal tone.
“That’s certainly something I’d like to take a deeper look at,” Rudd said.
Rudd, nominated by Trump last month, currently serves as the No. 2 at the U.S. military’s Indo-Pacific Command, which is responsible for U.S. forces in the greater Pacific region. The NSA is an agency within the Defense Department tasked with monitoring, collecting and processing information and data for global intelligence and counterintelligence purposes.
(Reporting by Raphael Satter; Editing by Will Dunham)
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