海角大神

The lapsed authorization Friday night of a key national security surveillance provision that aims to prevent terrorist acts underscores the complex role of government in protecting the lives of U.S. citizens 鈥� and their constitutional right to privacy.

Although the Senate and the House recently voted down a third short-term extension of the provision, Americans need not worry that national security or their individual safety has been massively compromised. Earlier this year, a specialized federal court renewed the annual certification of the tool 鈥� Section 702 of the Foreign Intelligence Surveillance Act (FISA) 鈥� until March 2027. So, standard intelligence-gathering will not stop.

However, some members of Congress, as well as political analysts, indicate that they鈥檙e ready for partisan wrangling and division around this issue to stop.

For some months, members of both parties have discussed a concern over FISA: the ability of the FBI or other agencies to search a vast database of communications between foreign targets and Americans, and to do so without a warrant. Describing the program as a dragnet picking up vast amounts of information, Sen. Josh Hawley, R-Mo., said, 鈥淲hen you go to this massive database and ask about a U.S. person, that鈥檚 a Fourth Amendment event that requires some process, some scrutiny.鈥�

Legislators were reportedly leaning toward granting another extension this month. But the administration鈥檚 June 2 nomination of housing mortgage chief Bill Pulte to serve as acting director of national intelligence was seen as a new hurdle. Almost all Democrats, and a vocal minority of Republicans, questioned Mr. Pulte鈥檚 fitness for such a sensitive role, citing his lack of any experience in national security matters.

On Thursday evening, President Donald Trump named Jay Clayton, a New York prosecutor and former Securities and Exchange Commission chief, to serve full time in this post. This would remove a major stumbling block for Democrats. And Senate leaders have said they will move to approve Mr. Clayton鈥檚 nomination as soon as Wednesday, before Mr. Pulte is due to step into the acting role.

However, the deeper issue remains: how best to balance national security-related investigations and probes with respect for the Fourth Amendment and protection for Americans, whose data is often scooped up in the process of monitoring global electronic communications.

The Trump administration is not the only one seeking reauthorization of Section 702. So did Presidents Joe Biden and Barack Obama. During a 2009 speech on the rule of law and security, Mr. Obama spoke of the need for a balanced, calibrated approach.

鈥淭he American people are not absolutist,鈥� he said. 鈥淭hey know that we need not sacrifice our security for our values, nor sacrifice our values for our security, so long as we approach difficult questions with honesty and care and a dose of common sense.鈥�

Legal scholar Benjamin Wittes has long argued for an even more nuanced view that goes beyond juggling in order to balance two competing values to seeing that 鈥渢he relationship between surveillance and liberty is symbiotic.鈥�

鈥淟iberty and security,鈥� according to him, 鈥渁re better understood as necessary preconditions for one another than in some sort of standoff.鈥�