The clock is ticking fast for reauthorization of FISA Section 702. With several proposed bills on the table and lack of consensus within Congress, the fate of this surveillance tool is at this time unclear. This week, host Elisa is joined by Glenn Gerstell and Adam Hickey to discuss the security value of Section 702, its strengths and weaknesses, and how clashing views behind privacy and data collection are shaping the conversation.

Glenn Gerstell is former General Counsel at the National Security Agency:

https://glenngerstell.com/#about

Adam Hickey is Partner at Mayer Brown, and the former Deputy Assistant Attorney General for National Security:

https://www.mayerbrown.com/en/people/h/adam-hickey?tab=overview

References:

Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:

https://www.fisa702resources.com

FISA Section 702 Overview:

https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf

Report on the Surveillance Program Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, PCLOB 2023:

https://documents.pclob.gov/prod/Documents/OversightReport/054417e4-9d20-427a-9850-862a6f29ac42/2023%20PCLOB%20702%20Report%20(002).pdf

HPSCI FISA Section 702 Report, November 2023:

https://intelligence.house.gov/uploadedfiles/hpsci_fisa_reauthorization_2023_report.pdf

E.O. 12333:

https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf

S.3351, FISA Reform and Reauthorization Act of 2023:

https://www.congress.gov/bill/118th-congress/senate-bill/3351?s=1&r=3&q=%7B%22search%22%3A%22chamberActionDateCode%3A%5C%222023-11-28%7C118%7C10000%5C%22+AND+billIsReserved%3A%5C%22N%5C%22%22%7D

S.1265, Fourth Amendment Is Not For Sale Act:

https://www.congress.gov/bill/117th-congress/senate-bill/1265

H.R. 6570, Protect Liberty and End Warrantless Surveillance Act of 2023:

https://www.congress.gov/bill/118th-congress/house-bill/6570