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The Lawfare Podcast

Part Two of the PCLOB on FISA Section 702

Oct 17, 2023
Lawfare Senior Editor Stephanie Pell interviews members of the PCLOB about their views on the privacy and civil liberties risks of FISA Section 702. They discuss concerns about targeting and collection, skepticism towards the FISQ, requirements for FBI's F2 order, and policy implications of government powers. They also explore the delicate balance between privacy and government access to data, and discuss the legal requirements for government access to collected data.
42:46

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Quick takeaways

  • The podcast discusses concerns over the potential overbroad collection of data and the broad definition of foreign intelligence information under FISA Section 702, highlighting the need for stricter safeguards.
  • The podcast raises the significant privacy and civil liberties implications of US person queries in FISA Section 702, recommending independent judicial review and a probable cause standard for FBI's US person queries to protect Americans' rights.

Deep dives

Concerns about targeting and collection in FISA Section 702

The podcast discusses the privacy and civil liberties risks associated with the targeting and collection practices of FISA Section 702. The concerns focus on the potential overbroad collection of data and the broad definition of foreign intelligence information. The podcast also presents recommendations to address these risks, including codifying the legitimate objectives of collection and requiring random sample reviews by the FISA court.

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