The inquorate privacy watchdog may be back in action soon. If so, it should review the NSA’s call detail records program, Section 702, and the disparate impact of surveillance on minorities.
Jake Laperruque is Senior Counsel at the Constitution Project at the Project on Government Oversight. He oversees work on privacy, surveillance, and cybersecurity issues, highlighting how emerging technologies impact Constitutional rights and principles. His work focuses on foreign intelligence surveillance, location privacy, cellphone privacy, facial recognition, aerial surveillance, and election security. Previously, Jake worked as the fellow on Privacy, Surveillance, and Security at the Center for Democracy & Technology and as a Program Fellow at the Open Technology Institute. He also served as a law clerk on the Senate Subcommittee on Privacy, Technology, and the Law. Jake is a graduate of Harvard Law School and Washington University in St. Louis.
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Section 702 reform need not infringe on the essential foreign intelligence needs of the intelligence community.
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.