The Central Intelligence Agency has for years been collecting in bulk, without a warrant, some kind of data that can affect Americans' privacy. At the same time, [the C.I.A.] declared that a report about the same topic, which had prompted the letter, must remain fully classified. That report, called "Deep Dive II," was part of a set of studies by a watchdog board scrutinizing intelligence community operations under Executive Order 12333. In March 2021, the Senate Intelligence Committee received a copy of the report. Two Democrats on the panel, Senators Ron Wyden of Oregon and Martin Heinrich of New Mexico, urged Avril D. Haines, the director of national intelligence, and William J. Burns, the C.I.A. director, to declassify the activity. The senators suggested that its hidden existence cut against Americans' understanding that various pieces of legislation enacted in recent years "limit and, in some cases, prohibit the warrantless collection of Americans' records." In 2015, Congress banned bulk collection of telecommunications metadata under the Patriot Act and limited other types of bulk collection by the F.B.I. under laws governing domestic activities like the Foreign Intelligence Surveillance Act, or FISA. Yet "the C.I.A. has secretly conducted its own bulk program" under Executive Order 12333, the senators wrote. "It has done so entirely outside the statutory framework that Congress and the public believe govern this collection, and without any of the judicial, congressional or even executive branch oversight."
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