By Mae Slater on
 January 15, 2025

Tulsi Gabbard Facing Mixed Reactions in DNI Bid Over Change In Stance On FISA Reform

Tulsi Gabbard's nomination as director of national intelligence by President-elect Donald Trump has prompted a wave of bipartisan scrutiny due to her evolving position on surveillance laws.

The Business Times reported that Gabbard, previously vocal about her disapproval of Section 702 of the Foreign Intelligence Surveillance Act (FISA), faces questions over her recent endorsement of the legislation following reforms.

Gabbard, a former congresswoman from Hawaii, is nominated to ascend to the position of director of national intelligence.

Her nomination has not gone unnoticed, as her stance on surveillance authority, specifically Section 702 of FISA, has shifted over time. This section allows intelligence agencies the power to collect and analyze electronic communications to identify possible security threats.

Section 702 Reform Causes Stir

Initially, Gabbard was a staunch critic of Section 702, openly condemning its potential for infringing on civil liberties.

Despite her earlier opposition, she now argues that recent legislative changes have adequately addressed these concerns. Such reforms, she claims, have found a way to protect individual rights while still meeting the nation's security needs.

The shift in her stance has led to skepticism from lawmakers across the political spectrum. Senators have expressed their apprehension about her changing views and whether her current support for Section 702 truly aligns with its previously contentious elements.

Even with facelifts to the legislation, the core function of Section 702 remains a focal point for debate. Reporters last week questioned Gabbard about her past remarks on Section 702. In response, she emphasized that the legislative improvements have positively influenced her view, making her feel more comfortable with the law now than she did before.

Gabbard has become a recognizable figure not just for her political roles but also for her support of controversial views. Her appearance on The Joe Rogan Experience shed further light on her current thoughts.

In the interview, Gabbard expressed concern over the expanded authorities brought about by recent bills, specifically raising issues about unwarranted access to individuals' Wi-Fi histories.

The legislation extending FISA also reportedly came alongside a bill prohibiting TikTok. Gabbard commented on how the expansion of authorities within Section 702 now permits the government to look into personal Wi-Fi history. She suggested this development exacerbates existing issues derived from people's surveillance without warrants.

Despite historical criticisms, Gabbard assured the public through a statement that FISA reforms have reduced misuse, particularly by the FBI.

"My prior concerns about FISA were based on insufficient protections for civil liberties, particularly regarding the FBI's misuse of warrantless search powers on American citizens," Gabbard explained.

Security Needs Vs. Civil Rights

She further added, clarifying her current stance, "If confirmed as DNI, I will uphold Americans' Fourth Amendment rights while maintaining vital national security tools like Section 702 to ensure the safety and freedom of the American people."

Gabbard's nomination occurs amidst a landscape where balancing civil rights with national security requirements remains a delicate act.

With her previous anti-Section 702 rhetoric, many scrutinize whether her newly professed commitment to security and liberties holds firm.

The focus on Section 702's impact and scope illustrates the broader debate pervasive in national security and privacy circles. Gabbard's comments about the additional authorities, particularly concerning internet surveillance, underscore this complexity.

As Gabbard's confirmation process continues, the ramifications of her policy stance and public statements remain a topic of high interest. Her ability to navigate these conflicting viewpoints could play a crucial role in determining the level of bipartisan support she garners.

Written By:
Mae Slater

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