Federal Surveillance Reform: Achievements and Unfinished Business

Earlier this year, Congress reauthorized Section 702 of the Foreign Intelligence Surveillance Act for two years. The final bill included provisions sought by civil liberties advocates, but some critical reforms didn’t make it into the final version. Moreover, that same bill also included a potentially radical expansion of the number of entities that could have their communications traffic swept up under 702. Additionally, Congress has thus far not legislatively addressed several other surveillance abuses and controversies, including those involving new or emerging technologies.

What is the actual track record of the Section 702 program, both in terms of constitutional rights violations and successes in the foreign intelligence field? What other federal surveillance programs and authorities need revision or revocation? What role do technology companies play in facilitating government surveillance? What has been the impact on America’s Fourth Amendment and related constitutional rights of federal court decisions involving federal surveillance? The panel will cover all these developments.

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