Durbin Questions FBI Director Wray During Senate Judiciary Committee Oversight Hearing
WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, today questioned Federal Bureau of Investigation (FBI) Director Christopher Wray at the Senate Judiciary Committee’s hearing entitled “Oversight of the Federal Bureau of Investigation.” Durbin first questioned Director Wray about oversight of Section 702 of the Foreign Intelligence Surveillance Act (FISA).
“Since the enactment of the FISA Amendment Reauthorization Act of 2018, the FBI has been required to obtain a court order for U.S. person searches in a narrow subset of cases involving predicated criminal investigations unrelated to national security. Has the FBI ever obtained a court order in order to perform a U.S. person search of 702 data in this context?” Durbin asked.
Director Wray responded that to the best of his knowledge, they have not. He expanded to say “because that is not the way we use 702.”
Durbin responded, “That’s correct, the answer is zero. The Office of the Director of National Intelligence’s Annual Statistical Transparency Report for 2020 revealed that this statutory requirement has been triggered approximately 100 times. Is that true?”
Director Wray responded that while he cannot speak to the number, he thinks the report in question may involve “incidents that all occurred before the [FBI’s limited FISA Section 702 compliance reforms].”
Durbin then asked Director Wray about what the FBI is doing in regards to child sexual abuse material developed through artificial intelligence (AI).
“Recently, the National Association of Attorneys General sent a letter to Congress asking lawmakers to study the means and methods of artificial intelligence, or AI, used to exploit children through the generation of child sex abuse material, or CSAM. In the letter, the Attorneys General described how AI can be used to create new images of children in sexual positions or otherwise overlay photos of unvictimized children on photos of abused children to create CSAM... You’ve highlighted the FBI’s work to, ‘identify, prioritize, investigate, and deter individuals and criminal networks from exploiting children,’ and you have noted that the proliferation of CSAM on the Darknet is threatening. Director Wray, can you elaborate on what the FBI is doing to disrupt technologies used to exploit children? What obstacles [is the FBI] facing related to this work?” Durbin asked.
Director Wray responded that the FBI is committed to protecting children. He expanded to state that last year, the FBI arrested approximately “3000 child predators, and rescued 2000 kids from exploitation, the vast majority of which is happening heavily online.” He continued to say that “technologies have continued to advance in way that makes that threat even more pernicious.” He said that these companies “are effectively blinding themselves to abuse that’s happening on their own platforms.”
“Why are they not cooperating with us? Why are these companies resisting an effort to engage them in solving the problem? … When it comes to children, for goodness sakes, what is the privacy concern there?” Durbin asked.
Director Wray responded by emphasizing that when companies lose the ability to report CyberTips, “the kids are still out there getting abused, [and] the predators are still out there. The only thing that is changed is [law enforcement’s] ability to do anything about it.”
Durbin will continue to push for solutions to protect children online, to include holding a hearing on January 31, 2024, with five CEOs from Big Tech. Durbin noted that the Judiciary Committee unanimously passed five bills addressing kids online safety, including his Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act (STOP CSAM Act). The legislation cracks down on the proliferation of child sex abuse material online, supports victims, and increases accountability and transparency for online platforms.
Video of Durbin’s questions in Committee is available here.
Audio of Durbin’s questions in Committee is available here.
Footage of Durbin’s questions in Committee is available here for TV Stations.
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