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October 03, 2023

Debating Section 702: National Security or Invasion of Privacy? with Liza Goitein

Episode 295

The FBI's most controversial surveillance tool, FISA Section 702, is up for reauthorization this year. Supporters of 702 argue that it is vital for national security and counterterrorism efforts, while critics warn that it allows for warrantless surveillance of Americans leading to potential violations of the Fourth Amendment. This week, host Elisa is joined by Liza Goitein, nationally-recognized expert on government surveillance and secrecy, to discuss the varying viewpoints on 702, its strength and weakness, and what reforms may be useful.

Elizabeth Goitein is Senior Director of the Brennan Center for Justice’s Liberty & National Security Program

Resources

Goitein, Elizabeth."The Coming Fight Over American Surveillance." Foreign Affairs. June 6 2023

Goitein, Elizabeth. "The Year of Section 702 Reform, Part I: Backdoor Searches." Just Security, Feb 13 2023

Goitein, Elizabeth. "The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA." Just Security, Apr 18 2023

Goitein, Elizabeth. "The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless Foreign Intelligence Queries." Just Security, Jul 27 2023

Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page

FISA Section 702 Overview

E.O. 12333

Electronic Communications Privacy Act of 1986

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