This op-ed, authored by CDT’s Jake Laperruque, first appeared in Lawfare on Tuesday, August 22, 2023.
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On July 31, the President’s Intelligence Advisory Board (PIAB) issued a report on Section 702 of the Foreign Intelligence Surveillance Act (FISA 702). The public release of the report was notable, as PIAB reports are generally kept private and are used only for internal deliberations. The report acknowledged problems with agency compliance with Section 702 requirements, analyzed potential reforms, and made a series of recommendations. The PIAB—an independent executive staff agency tasked with advising the president on intelligence issues—is composed of experts in various fields and is staffed by detailees from intelligence agencies. However, unlike the Privacy and Civil Liberties Oversight Board and the President’s Review Group established in the wake of the Snowden disclosures, the PIAB does not include members or staff from a civil rights and civil liberties background.
FISA 702 is set to expire at the end of this year, and the past months have featured robust debate about whether or not Congress should renew the provision. Some of the report’s conclusions could help move the debate on FISA 702 forward; however, its recommendations regarding the key issue of U.S. person queries fall short of needed reform and are unlikely to help bring about a resolution.
