Privacy Board Recommends Congress Condition Surveillance Powers

Congress should prohibit the intelligence community from accessing Americans’ communications gathered through Foreign Intelligence Surveillance Act Section 702 without authorization from the FISA court, the Privacy and Civil Liberties Oversight Board said in a report released Thursday. Congress is considering reauthorizing FISA Section 702 (see 2307190049), which expires in December. Section 702 allows warrantless surveillance of non-American citizens outside the U.S. and has resulted in the incidental collection of American citizens’ data. PCLOB recommended Congress require Foreign Intelligence Surveillance Court review and approval for the government to access results of queries using “U.S.-person” terms. “Court approval for U.S. person queries is the only way to both protect security and guard against surveillance abuse,” said Jake Laperruque, Center for Democracy & Technology's deputy director-Security & Surveillance Project.