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The Lawfare Podcast

Part Two of the PCLOB on FISA Section 702

The Lawfare Podcast

The Lawfare Institute

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4.76.4K Ratings

🗓️ 17 October 2023

⏱️ 43 minutes

🧾️ Download transcript

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 the 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 second of two episodes, they talk about the members’ views on the privacy and civil liberties risks posed by Section 702 and each side’s differing recommendations on how to address these issues, with a special focus on the recommendation that is the most serious point of contention among the two sides. If you haven’t listened to yesterday’s episode, where they talked about the areas on which the members substantially agree and the compliance problems that have plagued the FBI, you may want to do that first. 

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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. Ultimately, that is our duty. Our duty is to find balance because

0:38.0

there's no perfection. We don't operate with perfect information and there's no perfect

0:42.9

world in which you have full security and full privacy and civil liberties. So the question

0:46.7

is where is the appropriate balance? I'm Stephanie Pell, senior editor at LawFair and

0:53.2

this is the LawFair podcast October 17th, 2023. On September 28th, the Privacy and Civil

1:01.2

Liberties Oversight Board or P-CLOB issued its long awaited report on FISA Section 702, a

1:09.4

surveillance authority that is set to expire on December 31st if it is not reauthorized

1:15.4

by Congress. The report was supported by only three members of the board with the two minority

1:21.5

members issuing their own separate statement. The three two split was along party lines.

1:28.6

I sat down with four members of the P-CLOB, the chair, Sharon Bradford Franklin, and board

1:34.6

members Travis Loblanc, Beth Williams, and Richard DeZeno. Board member Ed Felton could not

1:41.2

join due to medical reasons. In the second of two episodes, we talk about the members' views

1:47.7

on the privacy and civil liberties risks posed by Section 702, and each sides differing

1:54.1

recommendations on how to address these issues, with a special focus on the recommendation

2:00.2

that is the most serious point of contention among the two sides. If you haven't listened

2:06.0

to yesterday's episode where we talked about the areas on which the members substantially

2:11.0

agree, and the compliance problems that have plagued the FBI, you may want to do that

2:16.6

first. It's the Lawfare Podcast October 17th, part two of the P-CLOB on FISA Section 702.

2:27.6

So I want to now shift gears a little bit and specifically focus on some of the significant

...

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