Section 702 reform need not infringe on the essential foreign intelligence needs of the intelligence community.
Jake Laperruque is Senior Counsel at The Constitution Project, where he is working on issues of government surveillance, national security and defending privacy rights in the digital age. Prior to joining TCP, Jake was a fellow at New America’s Open Technology Institute and at the Center for Democracy and Technology. He previously served as a law clerk for Senator Al Franken on the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, and as a policy fellow for Senator Robert Menendez. He is a graduate of Washington University in St. Louis and Harvard Law School.
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In order to be effective at protecting privacy and due process rights, closing the backdoor search loophole must also be paired with additional restrictions on using Section 702 data for domestic criminal investigations.
As technology advances—and the government’s power to sweep up sensitive information continues to grow—realistically achievable limits on collection are not enough to safeguard privacy. We must also place appropriate limits on what the government can do with the data it inevitably amasses.