Ten years after Edward Snowden sparked a debate over domestic (and international) spying by the U.S. government and its allies, arguments continue and so does the snooping. This year, one key component of the surveillance state—Section 702 of the Foreign Intelligence Surveillance Act—is up for congressional reauthorization. Now, the executive branch’s own civil liberties watchdog says that, while Section 702 plays an important role, it’s also dangerous to our freedom and needs reform.
To hear America’s professional spooks, Section 702 is made up of equal servings of mom, apple pie, and a trench coat.
“In 2008, Congress enacted Section 702 of the Foreign Intelligence Surveillance Act (FISA), a critical intelligence collection authority that enables the Intelligence Community (IC) to collect, analyze, and appropriately share foreign intelligence information about national security threats,” insists the Office of the Director of National Intelligence. “Section 702 only permits the targeting of non-United States persons who are reasonably believed to be located outside the United States. United States persons and anyone in the United States may not be targeted under Section 702.”
The Privacy and Civil Liberties Oversight Board (PCLOB), established in 2007 in an effort to limit the excesses of the burgeoning post-9/11domestic intelligence apparatus, sees things a little differently.