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.
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.
Privacy and civil liberties implications of US person queries in FISA Section 702
The podcast highlights the significant privacy and civil liberties implications of US person queries in FISA Section 702. The use of US person queries to investigate Americans' domestic activities and incidents of non-compliance are discussed. The podcast presents a recommendation for independent judicial review and a probable cause standard for FBI's US person queries to protect Americans' privacy and civil liberties.
Disagreements on the value and oversight of FISA Section 702
The podcast explores the differing views on the value and oversight of FISA Section 702. While some argue for the necessity of the program to prevent national security threats, others question the value of US person queries and emphasize the need for stronger safeguards and oversight. The podcast also highlights the disagreement over the role of the FISA court and the appropriate balance between national security and privacy.
The call for better compliance and oversight in FISA Section 702
The podcast underscores the need for better compliance and oversight in FISA Section 702. Compliance incidents, including improper searches and surveillance of political leaders and social advocates, are mentioned. The podcast proposes reforms, such as stronger congressional oversight and enhanced accountability measures, to address these compliance issues and maintain public trust in the program.
On September 28, the Privacy and Civil Liberties Oversight Board, or PCLOB, issued its long-awaited report on FISA Sec. 702, a surveillance authority that is set to expire on December 31 if it is not reauthorized by Congress. The report was supported by only three members of the Board, with the two minority members issuing their own separate statement. The three-two split was along party lines.
Lawfare Senior Editor Stephanie Pell sat down with four members of the PCLOB, the Chair, Sharon Bradford Franklin, and board members Travis LeBlanc, Beth Williams, and Richard DiZinno. Board member Ed Felten could not join due to medical reasons. In this second of two episodes, they talk about the members’ views on the privacy and civil liberties risks posed by Section 702 and each side’s differing recommendations on how to address these issues, with a special focus on the recommendation that is the most serious point of contention among the two sides. If you haven’t listened to yesterday’s episode, where they talked about the areas on which the members substantially agree and the compliance problems that have plagued the FBI, you may want to do that first.