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Wrong view on surveillance

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Re “Trust, but verify,” editorial, Feb. 4

The editorial regarding intelligence gathering misstates the impact of foreign surveillance on U.S. persons. To say that surveillance of a foreign terrorist allows intelligence officials to also track the activities of U.S. citizens is misleading. The law has never required a court order for surveillance of a foreign terrorist, even if the terrorist calls someone in the United States. When a terrorist overseas does contact an American, our intelligence laws provide minimization procedures to limit surveillance. If suspicions are raised about an American’s contact with a foreign terrorist, the law requires the government to obtain a court order for further surveillance.

Everyone agrees that we need strong protections against monitoring of Americans’ communications. That’s why our intelligence laws have always required court orders for surveillance of people in the U.S. The Protect America Act does not change this but simply reaffirms that surveillance of a foreign target does not require a court order. This is not revolutionary. It’s common sense.

Rep. Lamar Smith

(R-Texas)

The writer is the ranking member on the House Judiciary Committee.

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