LETTER TO THE EDITOR: Align an Effective Intelligence Practice With Our Values

L. Gordon Crovitz writes that "accountability has been scarce" in the realm of intelligence gathering for counterterrorism ("Judges for National Security," Information Age, Aug. 11). This is ironic, because additional accountability is precisely the point of legislative efforts to reform electronic surveillance.

It does no disservice to hardworking members of the intelligence community to remember that checks and balances between and within the branches of government—including congressional oversight of executive activity or the adversarial system in our courts—prevent the accumulation and abuse of unconstrained power. This is why steps like ending government bulk collection of Americans' records and providing more transparency about surveillance matter.

It is also why reforms to the Foreign Intelligence Surveillance Court are crucial. In the words of former FISA Judge James Robertson, the court has evolved from approving individual warrants to considering "programmatic surveillance," almost like an agency that "makes and approves rules for others to follow." These include significant rulings on issues like the dragnet collection of Americans' phone records and Internet metadata.

These consequential decisions are made by a court that currently hears arguments only from the government—and entirely in secret, with virtually no appellate review. The Constitution guarantees criminal defendants an attorney, not to help them avoid consequences but to ensure fairness. Similarly, surveillance courts that hear all sides are better able to handle issues of national security and civil liberties.

Sen. Patrick Leahy's surveillance reform legislation, the USA Freedom Act, includes one of several proposals to enhance the adversarial nature of the FISA court. Safeguards in the bill protect classified information and prevent delays for emergency orders. These provisions will enhance public confidence and better align our practices with our values.

By Sen. Richard Blumenthal (D., Conn.) and Rep. Jim Jordan (R., Ohio). This letter to the editor appeared in the August 15, 2014 edition of the Wall Street Journal.