Rep. Lauren Boebert’s Inquiry on NSA Misuse
On Monday, Rep. Lauren Boebert (R-Colo.) reached out to National Security Agency Director Joshua Rudd regarding serious “abuses of power” by NSA analysts. She expressed concern over instances where Section 702 of the Foreign Intelligence Surveillance Act (FISA) was misused to investigate personal communications of individuals they met on dating apps and potential tenants.
Boebert’s letter conveyed her alarm over an NSA analyst using sensitive surveillance authority to spy on Americans through an online dating platform. This was backed by findings from the Privacy and Civil Liberties Oversight Board (PCOAB), which, in its September 2023 report, termed it “a true example of government overreach” that jeopardizes public trust in intelligence agencies.
She pointed out that nearly three years have passed since these abuses were acknowledged, yet the public remains uninformed about any consequences faced by those involved. “As members of Congress, we take national security and constitutional rights seriously,” she stated, stressing the need for accountability.
According to PCOAB, NSA analysts had improperly accessed Section 702 databases to look up individuals from dating services on two occasions. Additionally, they searched for potential non-U.S. tenants of a property.
Section 702 was designed for surveillance of foreign threats, but, unfortunately, it allows for warrantless surveillance of American citizens, which raises concerns regarding Fourth Amendment rights.
These events illustrate a troubling trend of some NSA employees viewing foreign intelligence tools as personal resources, rather than instruments for national security, Boebert noted. With Section 702’s expiration date looming on April 20, she emphasized that any attempts to reauthorize it must incorporate accountability measures for all involved agencies, not just the FBI.
A group of former intelligence officials, including ex-Director of National Intelligence James Clapper and former CIA Director John Brennan, has urged Congress to renew Section 702 without reform, as reported.
Boebert also argued that a warrant should be mandatory for questioning Americans, giving judges the opportunity to assess whether searching through private communications is justified.
She posed several questions to be addressed within ten days, starting April 13:
- Details on any disciplinary actions taken against the NSA analyst involved in the dating service incident, and whether they are still employed or hold a security clearance.
- Similar information for the two analysts who searched for prospective tenants and their employment status.
- The total number of NSA employees disciplined or let go for misuse of Section 702 from 2020 to 2025.
- A description of current internal liability standards regarding non-compliance and whether there are stricter penalties for repeat offenders.
- Any additional cases of misuse identified since 2022, particularly regarding personal purposes such as love interests and acquaintances, along with measures taken.
- Whether any of the analysts from the 2022 incidents have faced criminal charges and the legal reasons if they have not.
Boebert concluded, “The American people deserve to know that this extraordinary abuse of power has real consequences.”
