**Trump Nominee to Lead NSA Commits to Backing Controversial Spying Law**

President Donald Trump's pick to lead Cyber Command and the National Security Agency (NSA) has pledged his support for a contentious foreign spying power, arguing that it is "indispensable" for national security.

Lt. Gen. Josh Rudd, who was nominated by Trump to head the nation's premiere foreign eavesdropping and hacking agency, told lawmakers on Thursday that he supports Section 702 of the Foreign Intelligence Surveillance Act (FISA), which permits U.S. spy agencies to gather communications of foreigners located abroad without obtaining a court warrant.

Critics argue that this collection method can inadvertently sweep up the communications of U.S. persons, effectively bypassing Fourth Amendment safeguards. The law was reauthorized two years ago under then-President Joe Biden and is set to expire in April unless renewed again by Congress.

"What I've experienced in my career is that this provides the warfighter, the decision maker, [with] the ability to have critical insight into threats that enables decision making," Rudd told members of the Senate Intelligence Committee.

He also claimed that Section 702 "has saved lives here in the homeland" and that he knows firsthand its importance. Rudd's comments are unsurprising given his role as a nominee for NSA leadership, but they have sparked concerns among lawmakers and civil liberties groups who argue that a warrant should be mandated for searches of collected data that include U.S. persons' communications.

Rudd acknowledged these concerns, telling Senator Ron Wyden (D-Ore.) that he "need[s] to look into" the issue further. However, he expressed confidence in the NSA's ability to protect civil liberties and privacy of American citizens.

Section 702 allows agencies like NSA to order U.S. internet and telecom providers to hand over communications data on foreign targets for use in national security investigations. But it also permits the incidental collection of communications data on U.S. persons linked to those foreign targets.

Lawmakers have argued that aggressive immigration enforcement and questions around the Trump administration's Fourth Amendment interpretations could increase the risk that Americans' communications are swept up and queried without sufficient safeguards.

"So the administration, a number of months ago, secretly decided that agents can break into homes without a judicial warrant. Basically, they said the Fourth Amendment doesn't matter anymore," Wyden said in the hearing, referring to an internal ICE memo reported last week that permits immigration officers to enter a home without a judicial warrant.

It remains unclear how Rudd's views will align with the reauthorization process for FISA 702 this spring. Notably, Director of National Intelligence Tulsi Gabbard said in written questions during her confirmation hearing that warrants "should generally be required before an agency undertakes a U.S. Person query of FISA Section 702 data, except in exigent circumstances, such as imminent threats to life or national security."

Rudd also committed to using NSA resources to inform lawmakers about foreign risks to U.S. elections, stating that "any foreign threat to the electoral process should be viewed as a national security concern." As the 2026 midterms approach, many agencies and offices that track election threats have been closed or scaled down under the Trump administration.

Rudd's background in special operations and joint command roles has also sparked debate about his qualifications for the dual-hatted role. Some former officials and China analysts view his Indo-Pacific background as relevant to U.S. cyber operations involving Beijing, while others question whether he is equipped to address the complex challenges facing the NSA.

As Rudd moves forward in his nomination process, he will face significant workforce cuts that were influenced by Trump's efforts to shed government bloat and spending waste. The agency has also struggled with declining morale in recent years.