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FISA Section 702
The Board is conducting an Oversight Project to examine the surveillance program that the Executive Branch operates pursuant to Section 702 of the Foreign Intelligence Surveillance Act (FISA), in anticipation of the December 2023 sunset date for Section 702 and the upcoming public and Congressional consideration of its reauthorization. The goals of the Oversight Project are to ensure that privacy and civil liberties are protected in the course of the Executive Branch’s use of its Section 702 authorities, and to ensure that Congress and the public are able appropriately to assess and consider the program’s value, and efficacy in protecting the nation’s security and producing useful intelligence.
This Oversight Project is examining significant changes to the operation of the 702 program since the Board’s Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (July 2, 2014) (“2014 Report”) in order to provide an accurate description of the current program. The Board’s review covers selected focus areas for investigation, including but not necessarily limited to, U.S. Person queries of information collected under Section 702, and ‘Upstream’ collection conducted pursuant to Section 702. The Oversight Project also includes reviewing the program’s past and projected value and efficacy, as well as the adequacy of existing privacy and civil liberties safeguards.