Reply from Senator Ayotte: NSA, Edward Snowden & PRISM

Thank you for contacting me regarding National Security Agency (NSA) terrorism surveillance programs.  I appreciate hearing from you.

As you know, former NSA contractor Edward Snowden disclosed classified information and documents related to NSA surveillance programs, including one named PRISM. The programs authorize the collection of domestic phone call metadata-phone numbers dialed and call duration-and Internet and email traffic records of non-U.S. persons reasonably believed to be outside the U.S. pursuant to the Foreign Intelligence Surveillance Act (FISA; Public Law 95-511).  The programs are administered pursuant to legal authority and court supervision.

I believe we must be careful not to damage our counterterrorism efforts by disclosing classified information to terrorists.  The statutory provisions authorizing the PRISM program provide the intelligence community with the tools it needs-pursuant and subject to a robust legal framework-to prevent terrorist attacks.  Counterterrorism officials have stated that dozens of terrorist plots have been stopped or interrupted based on intelligence gathered through these programs.

It is essential that government programs operate within the bounds of the Constitution and appropriate statutory restrictions, and Congress and the Judicial Branch must exercise rigorous oversight.  To that end, the PRISM program is overseen by the Foreign Intelligence Surveillance Court (FISC), regulated by executive monitoring, and is subject to congressional oversight.  I have attended classified briefings on the content and legality of NSA programs.  The PRISM program fits within constitutional and legal frameworks developed over decades to keep Americans safe from foreign terrorist threats.  Additionally, FISA and the PATRIOT Act (Public Law 107-56) require periodic reauthorization, and Congress will again have the opportunity to review oversight capabilities and evaluate transparency and privacy concerns.

FISA, which was first enacted in 1978, provides a minimum standard that must be met before foreign intelligence searches or surveillance may be conducted by government actors.  It provides a statutory framework governing federal authority to conduct, as part of an investigation to gather intelligence information, electronic surveillance and other activities to which the Fourth Amendment’s warrant requirements would apply if the investigation was conducted as part of a domestic criminal investigation.

As government works to keep us safe, American citizens’ privacy rights must be protected.  At the same time, it is important to ensure that our intelligence community has commonsense tools to gather intelligence and prevent attacks against our country.  I believe we must ensure a balance between liberty and security as our nation works to stop ongoing terrorist threats to our citizens and our homeland.

Again, thank you for taking the time to contact me.  As your Senator, it is important for me to hear from you regarding the current issues affecting New Hampshire and our nation.  Please do not hesitate to be in touch again if I may be of further assistance.