Part One of the PCLOB on FISA Section 702
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 16 October 2023
⏱️ 56 minutes
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Summary
On September 28, the Privacy and Civil Liberties Oversight Board, or PCLOB, issued its long-awaited report on FISA Sec. 702, a surveillance authority that is set to expire on December 31 if it is not reauthorized by Congress. The report was supported by only three members of the Board, with the two minority members issuing their own separate statement. The three-two split was along party lines.
Lawfare Senior Editor Stephanie Pell sat down with four members of PCLOB, the Chair, Sharon Bradford Franklin, and board members Travis LeBlanc, Beth Williams, and Richard DiZinno. Board member Ed Felten could not join due to medical reasons. In this first of two episodes, they talk about areas on which the members substantially agree, the compliance problems that have plagued the FBI, and each side’s different recommendations for how to address those compliance problems. In tomorrow’s podcast, they talk about the members’ views on the privacy and civil liberties risks posed by Section 702, and each side’s differing recommendations for how to address these issues, with a special focus on the recommendation that is the most serious point of contention among the two sides.
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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
| 0:07.2 | podcast become a material supporter of LawFair at patreon.com slash LawFair, that's patreon.com slash |
| 0:16.9 | LawFair. Also check out LawFair's other podcast offerings, rational security, chatter, LawFair |
| 0:25.6 | no bull and the aftermath. I believe that we all share a belief that significant reform is needed |
| 0:41.1 | at the FBI. I believe we all share a belief that DOJ should conduct annual compliance reviews |
| 0:50.9 | at its field office. I'm Stephanie Pell, senior editor at LawFair and this is the LawFair |
| 0:57.1 | podcast October 16th, 2023. On September 28th, the Privacy and Civil Liberties Oversight Board or |
| 1:05.8 | P-CLAB issued its long awaited report on FISA Section 702, a surveillance authority that is set to |
| 1:13.9 | expire on December 31st if it is not reauthorized by Congress. The report was supported by only three |
| 1:22.0 | members of the board with the two minority members issuing their own separate statement. The two |
| 1:28.1 | three split was along party lines. I sat down with four members of the P-CLAB, the chair, Sharon |
| 1:35.7 | Bradford Franklin, and board members Travis LaBlanc, Beth Williams, and Richard DeZeno. |
| 1:42.2 | Board member Ed Felton could not join us due to medical reasons. In this first of two episodes, |
| 1:48.6 | we talk about the areas on which the members substantially agree, the compliance problems that |
| 1:54.7 | have plagued the FBI, and each sides different recommendations for how to address those compliance |
| 2:00.9 | problems. In tomorrow's podcast, we talk about the members' views on the Privacy and Civil Liberties |
| 2:07.6 | risks posed by Section 702, and each sides differing recommendations for how to address these |
| 2:14.7 | issues with a special focus on the recommendation that is the most serious point of contention |
| 2:21.1 | among the two sides. It's the law fair podcast October 16th. Part one of the P-CLAB on FISA Section 702. |
| 2:30.8 | I want to start by acknowledging up front that we essentially have two reports. One issued by the |
| 2:38.6 | chair, Sharon Bradford Franklin, and board members Ed Felton and Travis LaBlanc, which I'll call |
| 2:45.3 | the majority report, and the other, which is technically a separate statement from board members, |
... |
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