Surveillance Reform Prospects
from Cato Events Podcast
On New Year’s Eve 2023, Section 702 of the Foreign Intelligence Surveillance Act will expire absent congressional action to renew it. This controversial surveillance power was enacted in 2008 following over two years of debate in Congress after its secret, illegal predecessor—the National Security Agency’s Stellar Wind mass electronic surveillance program—was exposed by the New York Times in December 2005. Since that time, Section 702 has been renewed twice—once under President Obama and again under President Trump. And it has been renewed despite repeated, serious violations of the law by the FBI via so‐called “back door” searches—literally millions of Section 702 database queries by FBI personnel for information on U.S. persons not necessarily wanted for a crime. What do we actually know about the alleged effectiveness of this sweeping surveillance power? What is the scope of the legal and compliance problems with Section 702? Should it be renewed unchanged, retained in modified form, or allowed to expire? Does the narrow focus on Section 702’s fate obscure the larger surveillance reform problems we face? The panel will tackle all these questions.
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