Our Subjecture.

Our subject today is Section 702 of the Foreign Intelligence Surveillance Act.

Section 702 broadly permits the government to engage in warrantless electronic surveillance of foreigners abroad.

In monitoring people abroad under Section 702, the government inevitably captures messages with or about people here.

This incidental collection,

and what the government is allowed to do with it,

is the subject of great controversy.

A few weeks ago, that controversy looked like it might lead to an overhaul of the Section 702 program,

perhaps even of FISA more broadly.

Section 702 was up for renewal.

More than 50 House members signed a letter opposing a clean extension and demanding reform. The letter was bipartisan. You might even say it was

really bipartisan. For example, it was signed by Ilhan Omar and Barbara Lee on the one hand, and Matt Gates and Chip Roy on the other.

There was also widespread bipartisan opposition to a clean extension in the Senate.

But it was not to be, at least not yet.

A four-month extension was slipped into the National Defense Authorization Act.

That's the kind of legislation that must pass and pass it did.

But the dispute continues.

Indeed, we can expect a fresh debate on the subject and another look at reform bills this spring.

Welcome to the Tech Policy podcast. I'm Corbyn Barthold. I'm delighted to be joined by Liza Goitin,

senior director of the Brennan Center for Justice's Liberty and

National Security Program. She's going to fill me in on why the Section 702 program is so

contentious, why it's such a hot topic now, and why and how it should be changed. I also hope to

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