Podcasts about fisa amendments act

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Best podcasts about fisa amendments act

Latest podcast episodes about fisa amendments act

TNT Radio
Gene Valentino, Amy Peikoff & Hung Cao on State of the Nation - 15 May 2024

TNT Radio

Play Episode Listen Later May 14, 2024 55:11


GUEST 1 OVERVIEW: The GrassRoots TruthCast, created by former Escambia County Florida Commissioner Gene Valentino, is a weekly broadcast from Pensacola, Florida. Gene, an investment entrepreneur and avid pilot, is a founding member of VeriJet charter aviation and serves on the company's Board of Directors. When he's not in studio, Gene can usually be found in the skies over the Gulf of Mexico piloting his ICON A5. Twitter/X: @GeneValentino GUEST 2 OVERVIEW: Amy Peikoff serves as the Chief Policy Officer of BitChute, a video sharing platform serving millions of U.S. users. She is closely monitoring the developments in the House and Senate regarding the potential reauthorization or reform of FISA Section 702 of the FISA Amendments Act of 2008. Section 702 permits warrantless interception, collection, storage, and queries of communications related to "foreign intelligence information," allowing the government to conduct warrantless surveillance of both foreigners and Americans. GUEST 3 OVERVIEW: Hung Cao, is author of Call Me an American, is a candidate for U.S. Senate in Virginia. Retired Navy Captain. Cao came to the US in 1975 after escaping Vietnam days before the fall of Saigon. He and his family moved to West Africa, where he spent most of his youth, before he returned to the States at the age of twelve to pursue an American education, later earning acceptance to Thomas Jefferson High School for Science and Technology. He went on to graduate from the Naval Academy with a Bachelor of Science in Ocean Engineering. He has received his master's degree in Applied Physics from the Naval Postgraduate School and fellowships at MIT and Harvard. A Bronze Star recipient, Deep Sea Diver, and Explosive Ordnance Disposal Officer, Hung conducted high-profile salvage operations including the recovery of John F. Kennedy Jr., the Civil War Ironclad USS Monitor, and servicemembers killed during military operations. Hung retired after twenty-five years of service to his beloved adopted country and is currently a Vice President at a Fortune 500 company. Hung became the GOP nominee for Virginia's tenth congressional district in May 2022 after sweeping a crowded eleven-way primary. He is the proud father of five children and has been married to his wife, April, for over twenty-five years

The Lawfare Podcast
Lawfare Archive: Jim Baker and Carl Ghattas on Section 702

The Lawfare Podcast

Play Episode Listen Later Dec 16, 2023 41:33


From July 29, 2017: On December 31, 2017, Section 702 of the FISA Amendments Act will sunset. While U.S. officials insist that the provision authorizes critical intelligence gathering, it remains an open question whether Congress will reauthorize the law as it exists, pass it with amendments, or allow it to lapse altogether. In this week's podcast, Susan Hennessey sits down with FBI General Counsel Jim Baker and the Bureau's Executive Assistant Director of the National Security Branch Carl Ghattas to discuss the FBI's perspective on the legal and operational elements of Section 702.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Caveat
Bolstering economic security.

Caveat

Play Episode Listen Later Nov 16, 2023 48:05


This week, we are joined by Kathleen Hyde from Champlain College Online to discuss NCWES and its potential to scale up the cyber workforce and bolster economic security. Ben has an update on the reauthorization of Section 702 of the FISA Amendments Act. Dave's got the story of a Virginia game warden confiscating a trail camera without a warrant. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to stories: Lawmakers unveil first bill to renew controversial surveillance program Cops Sneak Onto Man's Property, Confiscate Surveillance Camera Without a Warrant Caveat Briefing A companion weekly newsletter is available CyberWire Pro members on the CyberWire's website. If you are a member, make sure you subscribe to receive our weekly wrap-up of privacy, policy, and research news, focused on incidents, techniques, tips, compliance, rights, trends, threats, policy, and influence ops delivered to you inbox each Thursday. Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

Myspodden med Carl Norberg
Kontinuitetsplanering

Myspodden med Carl Norberg

Play Episode Listen Later Aug 7, 2023 96:30


Hur fan gick det egentligen till? Kanske ungefär såhär: Fundera på Space force's betydelse för att kunna påvisa utländsk valpåverkan. Continuity of Government (COG) , planerad inom Presidential Emergency Action Documents (PEAD). Posse Comitatus Act. (Både gällande Space force's icke omfattande under valet samt hur man lurade borgmästaren i DC att använda National Guard för att befästa markyta runt DC , så att kriterierna i ockupationskapitlet skulle fullgöras) The Insurrection Act. (Efter valet och i och med 6:e Januari kan militären användas lagligt om man då befäste valfusket genom att ställa till med "upploppet") Sen hamnar vi i Law of War Manual, speciellt kapitel 11. Man kan väl säga att innan dess, så är USA PATRIOT act och FISA Amendments ACT 2008 - Section 702 helt jävla centrala för att kunna ta dom på laglig grund när det gäller allting annat också, inte bara det som hamnar i rent militära domstolar. Men det är klart, allting kan givetvis också vara en slump. Nu, är det måndagsmys! #carlnorberg #DeFria De Fria är en folkrörelse som jobbar för demokrati genom en upplyst och medveten befolkning! Stöd oss: SWISH: 0761-182568 (Mottagare: Caroline) PATREON: https://patreon.com/defria_se HEMSIDA: https://defria.se FACEBOOK: https://facebook.com/defria.se

Lock and Code
Of sharks, surveillance, and spied-on emails: This is Section 702, with Matthew Guariglia

Lock and Code

Play Episode Listen Later Jul 3, 2023 43:08


In the United States, when the police want to conduct a search on a suspected criminal, they must first obtain a search warrant. It is one of the foundational rights given to US persons under the Constitution, and a concept that has helped create the very idea of a right to privacy at home and online. But sometimes, individualized warrants are never issued, never asked for, never really needed, depending on which government agency is conducting the surveillance, and for what reason. Every year, countless emails, social media DMs, and likely mobile messages are swept up by the US National Security Agency—even if those communications involve a US person—without any significant warrant requirement. Those digital communications can be searched by the FBI. The information the FBI gleans from those searches can be used can be used to prosecute Americans for crimes. And when the NSA or FBI make mistakes—which they do—there is little oversight. This is surveillance under a law and authority called Section 702 of the FISA Amendments Act. The law and the regime it has enabled are opaque. There are definitions for "collection" of digital communications, for "queries" and "batch queries," rules for which government agency can ask for what type of intelligence, references to types of searches that were allegedly ended several years ago, "programs" that determine how the NSA grabs digital communications—by requesting them from companies or by directly tapping into the very cables that carry the Internet across the globe—and an entire, secret court that, only has rarely released its opinions to the public. Today, on the Lock and Code podcast, with host David Ruiz, we speak with Electronic Frontier Foundation Senior Policy Analyst Matthew Guariglia about what the NSA can grab online, whether its agents can read that information and who they can share it with, and how a database that was ostensibly created to monitor foreign intelligence operations became a tool for investigating Americans at home. As Guariglia explains:"In the United States, if you collect any amount of data, eventually law enforcement will come for it, and this includes data that is collected by intelligence communities."Tune in today.You can also find us on Apple Podcasts, Spotify, and Google Podcasts, plus whatever preferred podcast platform you use.For all our cybersecurity coverage, visit Malwarebytes Labs at malwarebytes.com/blog.Show notes and credits:Intro Music: “Spellbound” by Kevin MacLeod (incompetech.com)Licensed under Creative Commons: By Attribution 4.0 Licensehttp://creativecommons.org/licenses/by/4.0/Outro Music: “Good God” by Wowa (unminus.com)

The Readout
Foreign Intelligence Surveillance Act 702 Re-Authorization

The Readout

Play Episode Listen Later Jun 29, 2023 21:49


Deputy Assistant to the President and Deputy Homeland Security Advisor NSC, Joshua Geltzer, joins the podcast to discuss the re-authorization of the Foreign Intelligence Surveillance Act (FISA) 702 provision. Section 702 is a key provision of the FISA Amendments Act of 2008 that permits the government to conduct targeted surveillance of foreign persons outside the United States, with the compelled assistance of electronic communication service providers, to acquire foreign intelligence information. The government uses the information collected under Section 702 to protect the United States and its allies from hostile foreign adversaries, including terrorists, proliferators, and spies, and to inform cybersecurity efforts.

Cato Event Podcast
The Pernicious Surveillance Legacy of 9/11

Cato Event Podcast

Play Episode Listen Later Jun 15, 2023 59:59


Al Qaeda's attacks on the United States plunged America into multiple military campaigns abroad in pursuit of the attackers. It also ushered in new surveillance programs before any investigations into the causes of the 9/11 intelligence failure had even begun. The first new, secret mass electronic surveillance program authorized by then president George W. Bush, Stellar Wind, was initiated just days after the attacks and with no judicial notification, much less review, as required by the Foreign Intelligence Surveillance Act (FISA). In a parallel public track, the Bush administration pushed for and received even more sweeping surveillance authorities via the congressionally approved Patriot Act. By the end of the Bush presidency, the FBI had been granted vast new domestic surveillance powers, gaining authority to open investigations on individuals or groups without needing a criminal basis to do so.The Obama era was marked not by reevaluations of these programs but instead by their continuity and political normalization. The Stellar Wind program was made nominally lawful through the passage of the FISA Amendments Act of 2008. And after National Security Agency contractor‐​turned‐​whistleblower Edward Snowden revealed in 2013 secret mass surveillance of Americans' phone calls under Section 215 of the Patriot Act, Congress passed the USA Freedom Act ostensibly to partially curtail that program. Yet subsequent oversight actions and investigations would find that neither the Stellar Wind program nor the Section 215 telephone metadata surveillance program had stopped a single attack on the United States, all the while accumulating vast reams of information on innocent Americans.Have officials in the executive branch and Congress learned anything from these mistakes and overreaches? How many other surveillance programs and authorities that potentially threaten the privacy and even constitutional rights of Americans have yet to be subjected to meaningful oversight? Our panel will explore these and related issues Hosted on Acast. See acast.com/privacy for more information.

The Lawfare Podcast
Cyber in the CIA with CIA Deputy Director David Cohen

The Lawfare Podcast

Play Episode Listen Later May 1, 2023 51:47


David Cohen is the Deputy Director of the Central Intelligence Agency, a position he held also during the Obama administration. He's also been Under Secretary for Terrorism and Financial Intelligence in the Department of the Treasury and a partner at the WilmerHale law firm.David Kris, Lawfare contributor and former Assistant Attorney General for the National Security Division, and Bryan Cunningham, Lawfare contributor and Executive Director of the University of California, Irvine's Cybersecurity Policy & Research Institute, sat down with David to talk about his career, including taking the same job twice; the coming debate about the FISA Amendments Act reauthorization; relationships between CIA and other U.S. government elements, particularly in cyber; the new CIA Transnational and Technology Mission Center; and the strategic competition between the United States and the People's Republic of China.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Caveat
Data privacy around the world.

Caveat

Play Episode Listen Later Feb 16, 2023 57:08


Annick O'Brien, Global Data Privacy Lawyer at CybSafe sits down with Dave to discuss data privacy around the world, data minimization, GDPR and how tech companies are fighting against regulations. Ben's story talks about the debate around reauthorizing Section 702 of the FISA Amendments Act. Dave's story covers data brokers capitalizing on the recent boom in mental health and the online data associated with tele-health and therapy apps. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  If Congress Wants to Protect Section 702, It Needs to Rein in the FBI Now for sale: Data on your mental health Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

National Security Law Today
The Future of National Security Surveillance

National Security Law Today

Play Episode Listen Later Aug 25, 2022 24:20


Where can we expect law and policy regarding national security surveillance to go in the coming years? Where should it go? This week's episode features an expert panel from our CLE conference this past February. The panel gives greater context to these questions, set against growing domestic national security threats from militias, American political extremists, controversies about surveillance that have left several FISA authorities lapsed; and questions about the renewal of Sec. 702 of the FISA Amendments Act. To hear the entirety of this panel discussion, please visit our website: https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/recording-national-security-law-cle-conference-emerging-critical-issues/ This panel is moderated by Dakota Rudesill, Associate Professor of Law at The Ohio State University Moritz College of Law: https://mershoncenter.osu.edu/people/rudesill.2 Adam Klein is the Director of the Strauss Center's Program on Technology, Security, and Global Affairs: https://www.strausscenter.org/person/adam-klein/ Carrie Cordero is General Counsel at The Center for a New American Security: https://www.cnas.org/people/carrie-cordero Emily Berman is an Associate Professor at The University of Houston Law Center: https://www.law.uh.edu/faculty/main.asp?PID=5005 References: Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022 : https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary Katz v. United States (1967): https://supreme.justia.com/cases/federal/us/389/347/ Title III, The Omnibus Crime Control and Safe Streets Act of 1968 (The Wiretap Act): https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1284 United States v. U.S. District Court for Eastern District of Michigan, 1972 (The Keith Case): https://supreme.justia.com/cases/federal/us/407/297/ The Foreign Intelligence Surveillance Act of 1978 (FISA): https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286

Firewalls Don't Stop Dragons Podcast

AT&T is operating top secret Internet monitoring facilities for the NSA in the heart of 8 major US cities according to a blockbuster report from The Intercept. Sitting on top of major digital communications arteries, these surveillance systems can track and record most communications within the US as well as many outside our physical borders. David Ruiz from the Electronic Frontier Foundation explains why these sorts of systems go way beyond the foreign spying mandate of the NSA and hoover up hordes of “incidental” data on ordinary, law-abiding US citizens. David Ruiz is a writer covering NSA surveillance and federal surveillance policy for Electronic Frontier Foundation, a digital rights non-profit. As 2017 closes, he is deeply involved in covering the multiple bills before Congress that seek to reform or reauthorize Section 702 of the FISA Amendments Act, a law that is currently one of the U.S. government's most powerful surveillance tools. Previously, David worked as a journalist covering legal affairs for some of Silicon Valley's largest companies, including Google, Facebook, Twitter and Uber. He has also had his work featured in KQED, The East Bay Express, SFGate.com, The Sacramento Bee and KZSU Stanford 90.1 FM. Beyond writing, David also hosts a personal podcast called Death Knell, which explores the grieving process after death.  For Further Insight: Website: davidalruiz.com Follow on Twitter: @davidalruiz @EFF Help me to help you! Visit: https://patreon.com/FirewallsDontStopDragons Frontline’s United States of Secrets: https://www.pbs.org/video/frontline-united-states-secrets-part-one/ The Intercept, AT&T NSA Spy Hubs: https://theintercept.com/2018/06/25/att-internet-nsa-spy-hubs/ EFF’s response to Intercept: https://www.eff.org/deeplinks/2018/07/eight-att-buildings-and-ten-years-litigation-shining-light-nsa-surveillance

Firewalls Don't Stop Dragons Podcast

Your privacy and 4th amendments rights were dealt another blow last week, while no one was really looking. Congress opened the door to more warrantless surveillance by tacking on a little-known, unvetted bill to the monster spending legislation passed last week. This bill, benignly titled the Clarifying Overseas Use of Data (“CLOUD”) Act, removes the need for foreign countries to obtain a search warrant before demanding data from US companies. This bill was never debated. It wasn’t reviewed or marked up by a single committee. There were no hearings. But it is now law. David Ruiz, from the Electronic Frontier Foundation, helps us to understand the stark implications of this new law and together we explore how it can be used to completely circumvent your 4th Amendment rights. David Ruiz is a writer covering NSA surveillance and federal surveillance policy for Electronic Frontier Foundation, a digital rights non-profit. As 2017 closes, he is deeply involved in covering the multiple bills before Congress that seek to reform or reauthorize Section 702 of the FISA Amendments Act, a law that is currently one of the U.S. government's most powerful surveillance tools. Previously, David worked as a journalist covering legal affairs for some of Silicon Valley's largest companies, including Google, Facebook, Twitter and Uber. He has also had his work featured in KQED, The East Bay Express, SFGate.com, The Sacramento Bee and KZSU Stanford 90.1 FM. Beyond writing, David also hosts a personal podcast called Death Knell, which explores the grieving process after death. For Further Insight: Website: davidalruiz.com Follow on Twitter: https://twitter.com/davidalruiz Little Brother by Cory Doctorow Donate to the Electronic Frontier Foundation Help me to help you! Visit: https://patreon.com/FirewallsDontStopDragons

Congressional Dish
CD166: I Spy a Shutdown

Congressional Dish

Play Episode Listen Later Jan 27, 2018 73:04


Register for Podfest: Pay It Forward January 19th was a big day for the 115th Congress: Part of the government ran out of funding and some spying authorities also expired. In this episode, learn about FISA reauthorization law that contained a giant loophole that will allow previously inadmissible information to be used against you in court, get all the details about the 69 hour shutdown that resulted from an attempt by the Democratic Party to … do something for the Dreamers, get enraged by the dingleberries attached to the fourth temporary funding law of this fiscal year, and discover why Jen is angry with just about everyone right now. Recommended Congressional Dish Episodes CD165: Christmas Dingleberries CD098: The USA Freedom Act Please Support Congressional Dish Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Bills S. 139: FISA Amendments Reauthorization Act of 2017   Sec. 101: Requires the Attorney General to create procedures for searching through the database that are consistent with the fourth amendment to the Constitution. The procedures must require that records of the query term used be kept Allows the FBI to search through the database and access the content of communications acquired via foreign surveillance for criminal investigations unrelated to national security if they get a court order. The FBI doesn't need to get the court order if the FBI determines "there is a reasonable belief that such contents could assist in mitigating or eliminating a threat to life or serious bodily harm." The new rules are effective January 1, 2018 Sec. 102: Information acquired via the foreign surveillance program can be used against us in court if the FBI gets a FISA court order, if the Attorney General says it is related to national security, OR the criminal proceeding involves crimes including: Death Kidnapping Serious bodily injury An offense against a minor Destruction of critical infrastructure ("assets, whether physical or virtual, so vital to the United States that in incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.") Cybersecurity Transnational crimes, including drug and/or human trafficking A determination made by the Attorney General can not be reviewed by the courts. Sec. 110: Prohibits punishment for FBI and intelligence community contractors who report violations of law to certain authorities inside the government and Congressional committees. Sec. 201: Delays the repeal of authorities granted in Title VII of the FISA Amendments Act until December 31, 2023. The authorities allow the Attorney General and Director of National Intelligence to target people non-Americans outside the United States Sec. 202: Increases the penalty for unauthorized removal and retention of classified documents from a fine and/or 1 year in prison to a fine and/or 5 years in prison. H.R. 195: Extension of Continuing Appropriations Act, 2018; HEALTHY KIDS Act; Federal Register Printing Savings Act of 2017   Division A: Federal Register Printing Savings Act of 2017 Prohibits copies of the Federal Register from being printed for members of Congress unless they request it. CBO says this will end the distribution of about 1,000 copies of the 300-page Federal Register that are distributed daily for free, saving ~$1 million per year. Division B: Extension of Continuing Appropriations Act, 2018 Extends 2017 government funding levels until February 8, 2018. Allows the ~$4 billion appropriated for missile defense in the last CR to be spent by the intelligence agencies on things that were NOT specifically authorized by Congress Division C: HEALTHY KIDS Act Full Title: "Helping Ensure Access for Little Ones, Toddlers, and Hopeful Youth by Keeping Insurance Delivery Stable Act" Funds the Children's Health Insurance Program through 2023 at the following rates: 2018: $21.5 billion 2019: $22.6 billion 2020: $23.7 billion 2021: $24.8 billion 2022: $25.9 billion 2023: $5.7 billion + $20.2 billion = $25.9 billion The 2018 funds that were already appropriated are eliminated. Division D: Suspension of certain health-related taxes Sec. 4001: Delays implementation of the medical device tax until 2020 Sec. 4002: Delays implementation of the tax on high premium insurance plans until 2022 Sec. 4003: Suspends the annual fee on health insurance companies for 2019 & 2020. Division E: Budgetary Effects The budgetary effects of the extension of the CHIP program and the suspension of health industry taxes will not be counted in the PAYGO budget. Additional Reading Article: Top Republican warns that under new spending bill "the intelligence community could expend funds as it sees fit" by Alex Emmons and Ryan Grim, The Intercept, January 22, 2018. Article: Timeline: DACA, the Trump administration and a government shutdown by Miriam Valverde, Polifact, January 22, 2018. Report: Senate votes to end shutdown by Alexander Bolton, The Hill, January 22, 2018. Article: There's a surprise in the Government Funding Bill: More tax cuts by Margot Sanger-Katz and Jim Tankersley, The New York Times, January 22, 2018. Article: The government shutdown: We've been here before, and it lasted weeks by Steve Hendrix, The Washington Post, January 20, 2018. Article: House spending bill changes law to let Trump administration secretly shift intelligence money by Ryan Grim, The Intercept, January 17, 2018. Article: Yes, marches can make a difference. It depends on these three factors by Shom Mazumder, The Washington Post, January 27, 2017. Resources Center for National Security Studies: Foreign Intelligence Surveillance Act (FISA) Congressional Record: Senate Proceedings Monday, January 22, 2018 *Page 7: Sen. Cochran’s reason for the “blank check” provision Govtrack House Vote: S.139: Rapid DNA Act of 2017 Govtrack Senate Vote: S.139: FISA Amendments Reauthorization Act of 2017 Twitter Poll Who do you blame for the #GovernmentShutdown? — CSPAN (@cspan) January 20, 2018 C-SPAN poll - Over 208,000 votes 45% blame Trump 41% blame Congressional D’s 14% blame Congressional R’s Sound Clip Sources Hearing: Senate Session, Part 2, January 22, 2018. 1:08:40 Sen. Richard Burr: The vice chairman of the Intelligence Committee and I were notified when the House CR appeared that there was language in it that was different than in the past. The language in section 148 of the CR is of concern to the Intelligence Committee. Let me just read the language: Sec. 148. Funds appropriated by the Department of Defense Missile Defeat and Defense Enhancements Appropriation Act, 2018 (division B of Public Law 115–96) may be obligated and expended notwithstanding section 504(a)(1) of the National Security Act of 1947. This language is troublesome for the committee because it would authorize the intelligence community to spend funds ‘‘notwithstanding’’ the law that requires prior authorization by the Senate Intelligence Committee or by the House Intelligence Committee. 1:11:00 Sen. Richard Burr: As a result, this language can erode the powers of the authorizing committee. Effectively,the intelligence community could ex-pend funds as it sees fit without an authorization bill in place and with no statutory direction indicating that an authorization bill for 2018 is forth-coming. 1:16:30 Sen. Mark Warner: If this exemption is granted, you could potentially have an administration—any administration—go off and take on covert activities, for example,with no ability for our committee,which spends the time and has the oversight, to say timeout or to say we actually disagree with that policy. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

The Privacy Advisor Podcast
The Privacy Advisor Podcast: What's Congress going to do with Section 702?

The Privacy Advisor Podcast

Play Episode Listen Later Dec 15, 2017 30:42


Under the 2008 FISA Amendments Act, Section 702 allows U.S. intelligence agencies to conduct surveillance on persons overseas it believes to be a potential threat. But the government is forbidden from collecting intelligence via Section 702 on persons “reasonably believed” to be within the U.S. or even a U.S. person outside of U.S. borders. But critics say there's reason to believe U.S. persons are often incidentally the target of investigations, despite the rules stating otherwise, and that the secrecy surrounding intelligence operations allows it to happen en masse. Section 702 is set to expire on Dec. 31, and intelligence officials have argued it should be renewed wholesale. But critics of the program say it should be renewed only with amendments that increase privacy protections for innocent Americans whose data may be swept up in the data collected. And what happens with 702 may have a broader impact on international agreements like the Privacy Shield, for example, which is already on shaky ground, in part, because of concerns over U.S. intelligence agencies use of the data it collects. In this episode of The Privacy Advisor Podcast, Angelique Carson, CIPP/US, travels to American University to talk to law professor Jennifer Daskal to talk about what she thinks might happen on or before Dec. 31.

Firewalls Don't Stop Dragons Podcast

The law that enables the warrantless collection and searching of the communications of US citizens is set to expire at the end of 2017. In today’s show, David Ruiz and I discuss several bills in Congress that attempt to curb the rampant abuses of this legislation (Section 702 of the FISA law). These long-overdue reforms go a long way towards restoring the principles of the Fourth Amendment and reclaiming basic civil liberties that we let slip away in fear after 9/11. In the news this week, I’ll update you on the Reaper botnet and tell you about an effort to safeguard our elections systems before the next major election. I’ll also help you double-check your smartphone app permissions, making sure they don’t have any more access than they need to things like your camera, microphone, location, and contacts. David Ruiz is a writer covering NSA surveillance and federal surveillance policy for Electronic Frontier Foundation, a digital rights non-profit. As 2017 closes, he is deeply involved in covering the multiple bills before Congress that seek to reform or reauthorize Section 702 of the FISA Amendments Act, a law that is currently one of the U.S. government's most powerful surveillance tools. Previously, David worked as a journalist covering legal affairs for some of Silicon Valley's largest companies, including Google, Facebook, Twitter and Uber. He has also had his work featured in KQED, The East Bay Express, SFGate.com, The Sacramento Bee and KZSU Stanford 90.1 FM. Beyond writing, David also hosts a personal podcast called Death Knell, which explores the grieving process after death. For Further Insight: Website: www.davidalruiz.com Follow on Twitter: https://twitter.com/davidalruiz Additional Resources: Surveillance watchdog, Open Technology Institute: https://www.newamerica.org/oti/ End the Backdoor! https://www.endthebackdoor.com/ Lock Down Your LAN (IoT security): http://firewallsdontstopdragons.com/locking-internet-things-iot/ Protect yourself from nosy apps: http://firewallsdontstopdragons.com/smartphone-privacy-reining-nosy-apps/

The Lawfare Podcast
Jim Baker and Carl Ghattas on Section 702

The Lawfare Podcast

Play Episode Listen Later Jul 28, 2017 41:17


On December 31, 2017, Section 702 of the FISA Amendments Act will sunset. Officials insist that the provision authorizes critical intelligence gathering, but as of yet, Congress has not signaled whether it will give a clean reauthorization of the bill, pass it with amendments, or allow it to lapse altogether. In this week's podcast, Susan Hennessey sits down with FBI General Counsel Jim Baker and the Bureau's Executive Assistant Director of the National Security Branch Carl Ghattas to discuss the legal and operational elements of Section 702. 

Cato Event Podcast
The Future of Surveillance: Reform, Repeal, or Renewal for Section 702?

Cato Event Podcast

Play Episode Listen Later Jul 27, 2017 51:41


One of the most potent and controversial tools in the American intelligence community’s arsenal is set to lapse at the end of this year. Section 702 of the FISA Amendments Act of 2008 allows the government to intercept the communications of foreign targets as they cross U.S. soil—including conversations with American citizens. Spy agencies claim it’s a vital weapon against terrorists and should not only be reauthorized but also made permanent. Civil libertarians, however, worry that the law’s incredible scope—targeting some 100,000 people and hauling in hundreds of millions, if not billions, of communications each year—makes it ripe for abuse without significant reform.Among the law’s most vocal critics have been two senators from opposite sides of the political spectrum: Ron Wyden and Rand Paul. At this Cato forum, they’ll explore how section 702 works and whether it needs stronger safeguards to protect Americans’ privacy. Should a warrant be required to search for citizens’ communications in the vast 702 database? Is it feasible to demand an estimate of how many Americans have been “incidentally” caught up in 702 surveillance—a number that the intelligence community has said it’s unable to provide? And does the foreign backlash against 702 surveillance threaten global Internet commerce? We’ll delve into these questions in a wide-ranging discussion. See acast.com/privacy for privacy and opt-out information.

Teleforum
Reauthorization of Section 702

Teleforum

Play Episode Listen Later Jul 19, 2017 63:01


Section 702 of the Foreign Intelligence Surveillance Act (FISA) is up for reauthorization in 2017. An earlier version of the program was instituted after 9/11 by President George W. Bush. In 2007, Congress adopted the Protect America Act and one year later passed the FISA Amendments Act, which included Section 702. Section 702 allows the government to target for surveillance non-U.S. citizens “reasonably believed to be located outside the United States to acquire foreign intelligence information.” The authorization does not extend to non-citizens outside the country to gain information on citizens or permanent residents believed to be residing in the United States. -- While proponents of the law argue it is necessary for national security, critics claim that U.S. citizens are too often incidentally swept into surveillance due to the nature of the “targeting procedures” employed by intelligence agencies, and therefore reforms are needed to protect their privacy. Our experts discussed reauthorization, what it would mean if Congress chose not to act, and what kinds of reforms are under consideration. -- Featuring: Adam Klein, Senior Fellow, Center for a New American Security and Kate Martin, Senior Fellow, Center for American Progress. Moderator: Karen Lugo, Founder, Libertas-West Project.

Cato Daily Podcast
Warrantless Surveillance, the Saudis, and Foreign Policy

Cato Daily Podcast

Play Episode Listen Later Jun 13, 2017 14:42


The warrantless surveillance of Americans authorized by the FISA Amendments Act needs reform sooner than later. That from Democratic U.S. Representative Tulsi Gabbard of Hawaii. See acast.com/privacy for privacy and opt-out information.

Tech Policy Podcast
#161: Spying on the World

Tech Policy Podcast

Play Episode Listen Later Feb 28, 2017 24:17


Innocent Americans don't like getting spied on by their government. But should they care when their government spies on foreigners? Countries do this all the time for intelligence purposes, right? Congress even authorized our government to do this in Section 702 of the FISA Amendments Act. But in the Digital Age, it's increasingly common for large swaths of the American public to communicate with people outside the country. That leads to U.S. residents being caught in the foreign surveillance dragnet, and their communications collected without a warrant. Current laws allow the NSA and other agencies to share information with your local police department. Could you end up in jail without due process? As Section 702 nears its December expiration date, should Congress reform the law, or just reauthorize it as is? Meanwhile, what does the European Union think? Will fears over American surveillance lead nations to “localize their Internet?” Evan is joined by Jake Laperruque, Privacy Fellow at the Constitution Project and Ashkhen Kazaryan, Legal Fellow at TechFreedom. For more, see Jake's blog post on Section 702.

The Lawfare Podcast
Episode #103: Mieke Eoyang on FAA Exclusivity

The Lawfare Podcast

Play Episode Listen Later Dec 12, 2014 40:14


Mieke Eoyang of Third Way discusses her provocative recent proposal on Lawfare for making the FISA Amendments Act the exclusive means by which the NSA can acquire content against overseas non-US persons from U.S. tech companies.

nsa exclusivity lawfare third way mieke eoyang fisa amendments act
The Lawfare Podcast
Episode #21: A Debate over Clapper Between Jameel Jaffer and Benjamin Powell

The Lawfare Podcast

Play Episode Listen Later Nov 12, 2012 56:12


Lawfare's Alan Rozenshtein hosts a debate over Clapper v. Amnesty International between ACLU attorney Jameel Jaffer and Benjamin Powell, one of the godfathers of the FISA Amendments Act.

Cato Event Podcast
The Surveillance Iceberg: The FISA Amendments Act and Mass Spying without Accountability

Cato Event Podcast

Play Episode Listen Later Jul 25, 2012 88:15


See acast.com/privacy for privacy and opt-out information.