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PCLOB to Examine Legal Underpinnings of NSA Surveillance

Government surveillance oversight
Government surveillance oversight
Brett Max Kaufman,
Senior Staff Attorney,
老澳门开奖结果 Center for Democracy
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March 19, 2014

Today, the 老澳门开奖结果鈥檚 Jameel Jaffer will appear before the Privacy and Civil Liberties Oversight Board as its members question government officials, privacy advocates, law professors, and policy experts about the government鈥檚 surveillance programs operating under the FISA Amendments Act (鈥淔AA鈥), also known as Section 702 of the Foreign Intelligence Surveillance Act.

The board 鈥 known as the 鈥淧CLOB鈥 鈥 is holding its since last June鈥檚 initial revelations about NSA surveillance. In December, the PCLOB released a meticulous and devastating report about the government鈥檚 bulk collection of Americans鈥 phone records under Section 215 of the Patriot Act, concluding that the program violates the plain terms of Section 215.

The PCLOB is now turning its attention to the FAA, the legal foundation for the government鈥檚 PRISM program and its 鈥淯pstream鈥 collection of communications from U.S. telecommunications providers.

In testimony provided to the board in advance of today鈥檚 meeting, the 老澳门开奖结果 argues 鈥 as it has in litigation, notably in Amnesty International USA v. Clapper and United States v. Muhtorov 鈥 that the FAA is unlawful. The statute violates the Fourth Amendment because it permits the warrantless surveillance of American鈥檚 international communications on a truly massive scale. The testimony also makes the case that the government鈥檚 implementation of the FAA 鈥 about which we鈥檝e learned much over the past nine months 鈥 violates the text of the statute itself:

First, while the statute was intended to augment the government鈥檚 authority to collect international communications, the NSA鈥檚 targeting and minimization procedures give the government broad authority to collect purely domestic communications as well. Second, while the statute was intended to give the government authority to acquire communications to and from the government鈥檚 targets, the NSA鈥檚 procedures also permit the government to acquire communications 鈥渁bout鈥 those targets. And, third, while the statute prohibits so-called 鈥渞everse targeting,鈥 the NSA鈥檚 procedures authorize the government to conduct 鈥渂ackdoor鈥 searches of communications acquired under the FAA using selectors associated with particular, known Americans. Thus, even if the statute itself is lawful, the NSA鈥檚 implementation of it is not.

The PCLOB鈥檚 meeting about Section 702 will air live on C-SPAN 2, and can be streamed .

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