#364: Will No One Rid Us of This Warrantless Surveillance?
Jan 24, 2024
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Liza Goitein, an expert on the FISA Section 702 surveillance program, discusses its controversial nature, the need for reform, and the Fourth Amendment's relevance. The podcast explores the controversy surrounding US person queries, the ethical implications of using government-collected data, options for warrantless surveillance, and the upcoming expiration of Section 702.
Section 702 of the Foreign Intelligence Surveillance Act allows warrantless electronic surveillance of foreigners abroad, leading to controversy and calls for reform.
The use of US person queries in Section 702 surveillance has been prone to abuse, targeting activists, journalists, and political figures.
Deep dives
Section 702 Overview
Section 702 of the Foreign Intelligence Surveillance Act permits warrantless electronic surveillance of foreigners abroad, resulting in incidental collection of communications involving people in the US. This has sparked controversy and calls for reform.
US Person Queries
The most controversial aspect of Section 702 surveillance is the use of US person queries. These queries allow the government to search collected data for the communications of specific US individuals. However, these searches have been prone to abuse, including searches targeting activists, journalists, and political figures.
Warrant Requirement Debate
There is a debate over whether a warrant should be required for US person queries under Section 702. Advocates argue that a warrant is necessary to protect the privacy rights of Americans. Opponents claim that a warrant requirement would hinder counterterrorism efforts and defensive searches to identify potential victims of foreign plots.
Reform Proposals
Several bills have been introduced to reform Section 702. The Protect Liberty Act aims to close the backdoor search loophole and includes provisions to prevent data broker abuses. On the other hand, the Turner-Himes bill falls short in addressing abuses and introduces provisions that would expand surveillance. It is crucial for Congress to pass meaningful reform before the April expiration of Section 702.
Liza Goitein (Brennan Center) joins the show to discuss the FISA Section 702 surveillance program. Why is it so contentious? Why is it such a hot topic now? Why and how should it be changed? And what does the Fourth Amendment have to say about it? Liza explains!