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1. Guide to Section 702 Reform

Author:
Gary Ashcroft and Roger Huddle
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Third Way
Abstract:
Before the end of the year, Congress must revisit the FISA Amendments Act (FAA), a law which, together with its provision known as Section 702, is one of the U.S.'s most valuable and controversial tools to combat threats to the nation. Lawmakers are considering a number of reform proposals as they decide how to reauthorize the law. While we believe it is an important tool, it has some serious flaws when it comes to Americans’ privacy. We would ask members of Congress to ensure that any reform address two problem areas in Section 702: (1) domestic law enforcement access to foreign intelligence records and (2) the international distrust of U.S. tech companies that comply with Section 702. This paper is a primer on Section 702 and reforms for that law. Part I explains how government surveillance works generally. Part II explains Section 702 specifically. Part III details reasons to reform the law to address civil liberties and economic concerns. And Part IV examines potential reforms that have been under discussion.
Topic:
Security, Privacy, Surveillance, and Civil Liberties
Political Geography:
United States and North America

2. Restoring Trust between U.S. Companies and Their Government on Surveillance Issues

Author:
Mieke Eoyang and Chrissy Bishai
Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Third Way
Abstract:
Allegations of intrusive U.S. government electronic surveillance activities have raised international outcry and created antagonism between U.S. technology companies and the government. Without a bold and enduring reform, American companies will continue to suffer a competitive disadvantage from perceptions of U.S. government intrusion into their data. We propose bringing electronic surveillance collection from U.S. companies into an existing statutory framework in order to reassure international customers and to respect the rights of U.S. companies operating abroad.
Topic:
Science and Technology, Surveillance, Big Tech, and Civil Liberties
Political Geography:
United States and North America

3. To judge NSA reforms, look to the tech industry

Author:
Mieke Eoyang
Publication Date:
01-2013
Content Type:
Working Paper
Institution:
Third Way
Abstract:
In 1976, Senator Edward Kennedy first introduced the Foreign Intelligence Surveillance Act to rein in government scrutiny of Americans. That law made America’s telecommunications companies the gatekeepers of the public’s information. But back then, “Ma Bell” was still around — AT&T wasn’t broken up until 1982 — and mobile phones were a distant dream. Now, nearly 40 years and a tech revolution later, President Obama faced similar questions on how to protect the American people’s privacy.
Topic:
Security, Defense Policy, Science and Technology, Surveillance, and Civil Liberties
Political Geography:
United States and North America