Section 702

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FISA reform

Livestream: A Conversation with Matt Olsen on the Reauthorization of FISA Section 702

On Feb. 28, Benjamin Wittes sat down with Assistant Attorney General Matthew Olsen at the Brookings Institution to discuss the Biden administration's attempt to work with Congress to reauthorize Section 702 of the Foreign Intellligence Surveillance Act before it expires on Dec. 31. They also discussed what would happen if 702 expired, and whether it is even necessary in a world more concerned with great power conflict than with counterterrorism. 

You can watch the event here or below:

fisa court

Office of the Director of National Intelligence Releases Section 702 Documents and Opinions

The Office of the Director of National Intelligence released partially redacted documents related to the Foreign Intelligence Surveillance Court’s (FISC) authorization of the 2018 certifications under Section 702 of the Foreign Intelligence Surveillance Act (FISA). The FISC initially approved most parts of the certification, but ruled that other aspects of the FBI protocols concerning information regarding U.S. persons were inadequate.

FISA: 702 Collection

A Way Forward on Section 702 Queries

The legislative debate over Section 702 of the Foreign Intelligence Surveillance Act has ended with passage of a six-year reauthorization that omitted many of the provisions privacy advocates had argued were necessary. But the legal and policy debate is likely to continue in the U.S. and in European courts.

We took different positions in the overall debate on Section 702. But we agree that there is an important step the U.S. government can take now to bolster transparency and accountability within the program without unduly burdening legitimate intelligence activities.

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