Travis LeBlanc and FISA Section 702

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4.7 • 6.4K Ratings

🗓️ 22 March 2023

⏱️ 50 minutes

🔗️ Recording | iTunes | RSS

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Summary

On December 31, 2023, Section 702 of the Foreign Intelligence Surveillance Act (FISA) will expire unless it is reauthorized by Congress. Section 702 authorizes the U.S. government, in order to obtain foreign intelligence information, to target foreigners who are reasonably believed to be outside of the U.S. and collect their communications inside the U.S. without a warrant—even when such surveillance may involve the incidental collection of communications of U.S. persons. Privacy and civil liberties advocates have long raised concerns about the government's ability to conduct so-called backdoor searches of U.S. person information acquired incidentally through the collection of the communications of foreigners. U.S.government officials have argued that it is imperative for Congress to reauthorize Section 702.

To talk about Section 702 and its reauthorization, Lawfare Senior Editor Stephanie Pell sat down with Travis LeBlanc, a Member of the Privacy and Civil Liberties Oversight Board and a partner at Cooley LLP. They discussed his concerns with the way the government may search or use U.S. person information incidentally collected under Section 702, the aspects of the government's position on reauthorization on which he may agree, and how he believes Congress should reform Section 702.

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Transcript

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0:00.0	The following podcast contains advertising.
0:04.0	To access an ad-free version of the LawFair podcast,
0:08.0	become a material supporter of LawFair at patreon.com slash law fair.
0:14.0	That's patreon.com slash law fair.
0:18.0	Also, check out LawFair's other podcast offerings,
0:22.0	rational security, chatter, law fair no bull, and the aftermath.
0:29.0	We are essentially treating international communications by US persons
0:41.0	as waving any privacy interest in those communications.
0:47.0	I'm Stephanie Pell, Senior Editor at LawFair,
0:50.0	and this is the LawFair podcast, March 22, 2023.
0:54.0	On December 31 of this year, Section 702 of the Foreign Intelligence Surveillance Act
1:00.0	will expire unless it is reauthorized by Congress.
1:04.0	Section 702 authorizes the US government in order to obtain foreign intelligence information
1:10.0	to target foreigners who are reasonably believed to be outside of the US
1:16.0	and collect their communications inside the US without a warrant.
1:21.0	Even when such surveillance may involve the incidental collection of communications of US persons.
1:29.0	Privacy and civil liberties advocates have long raised concerns about the government's ability
1:35.0	to conduct so-called backdoor searches of US person information acquired incidentally
1:41.0	through the collection of the communications of foreigners.
1:46.0	US government officials have argued that it is imperative for Congress to reauthorize Section 702.
1:53.0	To talk about Section 702 and its reauthorization, I sat down with Travis LeBlanc,
1:59.0	a member of the Privacy and Civil Liberties Oversight Board, and a partner at CULI-LLP.
	...

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