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The Lawfare Podcast

Part One of the PCLOB on FISA Section 702

Oct 16, 2023
Sharon Bradford, PCLOB Chair, and Stephanie Pell, Lawfare Senior Editor, discuss areas of agreement and disagreement on FISA Sec. 702, compliance problems at the FBI, and different recommendations. They also explore privacy risks, misuse of intelligence authorities, and the need for DOJ orders. Other topics include the framework of intelligence community's collection, incidental collection compliance issues, and measures to improve compliance processes at the FBI.
55:44

Podcast summary created with Snipd AI

Quick takeaways

  • Section 702 has been highly valuable in protecting the US from terrorism and cyber attacks, and offers unique collection capabilities that would be hard to replicate.
  • The podcast identifies compliance problems with Section 702, particularly at the FBI, and recommends strengthening internal compliance processes, conducting annual reviews, and implementing secure automated review and machine learning.

Deep dives

Overview of the podcast episode

In this episode of the Lawfare podcast, the Privacy and Civil Liberties Oversight Board (PICLOB) releases its report on FISA Section 702, a surveillance authority that is set to expire if not reauthorized by Congress. The report is supported by three out of five members, with the minority members issuing their own separate statement. The podcast features a discussion with four members of the PICLOB, focusing on areas of agreement, compliance problems at the FBI, and different recommendations to address the compliance issues. The episode also touches on the risks and benefits of Section 702, the value of incidental collection, and the need for significant reforms at the FBI.

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