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Section 702 of FISA: Privacy and Civil Liberties Reforms

March 19, 2024 • 2:00 – 3:30 pm EDT

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Strategic Technologies Program

In mid-April, Section 702 of the Foreign Intelligence Surveillance Act, which authorizes the U.S. government to collect communications from non-Americans overseas, is set to expire. Although Section 702 serves as a valuable tool to respond to cyberattacks and other emerging threats, it also raises critical questions over the appropriate boundaries of targeting non-U.S. persons and accessing data from U.S. persons who incidentally communicate with them. As Congress considers legislation to reauthorize Section 702, it is also essential to examine robust reforms that safeguard privacy, civil liberties, cross-border data flows, and national security in a more digital age.  

This event is made possible through general support to the CSIS Strategic Technologies Program. 

Event Agenda

Opening Remarks by James A. Lewis

2:00 pm

A View from the Privacy and Civil Liberties Oversight Board

2:05 pm

This fireside chat will reflect upon the PCLOB’s September 2023 report and look ahead to proposed reforms to Section 702, which could include requiring Foreign Intelligence Surveillance Court (FISC) review of U.S. person queries, strengthening the role of the amicus in FISC proceedings, and codifying the 12 legitimate objectives within EO 14086. 

 

Speaker: Sharon Bradford Franklin, Chair, Privacy and Civil Liberties Oversight Board 

Moderator: Caitlin Chin-Rothmann, Fellow, Strategic Technologies Program, Center for Strategic and International Studies 

Assessing Privacy Reforms to Section 702 in a Digital Society

2:40 pm

This panel discussion will respond to current legislation to reauthorize Section 702. It will also explore possible limitations on targeting communications of non-U.S. persons and conducting subsequent queries related to U.S. persons for national security or criminal investigations. Furthermore, it will consider how technological advancements have altered the debate, particularly as cyberattacks gain in quantity and scope, surveillance capabilities impact global data flows, and data collection expands both within and outside the FISA framework. 

 

Speakers: 

Elizabeth Goitein, Senior Director, Liberty & National Security Program, Brennan Center for Justice at NYU School of Law 

Kia Hamadanchy, Senior Policy Counsel, American Civil Liberties Union 

Cameron F. Kerry, Ann R. and Andrew H. Tisch Distinguished Visiting Fellow, The Brookings Institution 

Moderator: Caitlin Chin-Rothmann, Fellow, Strategic Technologies Program, Center for Strategic and International Studies 

Conclusion of Event

3:30 pm

Tags

Technology and Intelligence, Surveillance, and Privacy

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Contact Information

Media Inquiries

Elizabeth (Liza) Goitein

Elizabeth Goitein

Senior Director, Liberty & National Security Program, Brennan Center for Justice at NYU School of Law
Kia Hamadanchy

Kia Hamadanchy

Senior Policy Counsel, American Civil Liberties Union
Cameron F. Kerry

Cameron F. Kerry

Ann R. and Andrew H. Tisch Distinguished Visiting Fellow, Brookings Institution
James Andrew Lewis

James Andrew Lewis

Senior Vice President; Pritzker Chair; and Director, Strategic Technologies Program

Programs & Projects

March 19, 2024 • 2:00 – 3:30 pm EDT
Section 702 of FISA: Privacy and Civil Liberties Reforms