Reauthorizing Section 702: Secure Surveillance or an Invasion of Privacy?

Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows the government to collect non-content metadata from communications service providers.  Absent congressional action, Section 702 expires December 31, 2023.

Advocates for renewal argue that Section 702 is a critical tool for national security and failure to renew it will leave the nation vulnerable. Conversely, civil liberties advocates claim Section 702 creates a loophole that allows for warrantless searches of Americans’ communications that are incidentally collected under the program.

With the reauthorization deadline fast approaching, please join us for a timely discussion offering a variety of viewpoints on renewal and reform.

This program follows on from the International & National Security Practice Group panel at the 2023 National Lawyers Convention that discussed originalist interpretations and constitutional constraints regarding Section 702. A recording is available here. 

Featuring: 

• Elizabeth Goitein, Senior Director, Liberty & National Security Program, Brennan Center for Justice at New York University Law School
• Prof. Jamil Jaffer, Adjunct Professor, NSI Founder, and Director, National Security Law & Policy Program, Antonin Scalia Law School, George Mason University 
• Moderator: Matthew R.A. Heiman, Chief Legal + Administrative Officer, Waystar Health

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.