Beyond Privacy & Security: The Role of the Telecommunications Industry in Electronic Surveillance

Wednesday, April 6, 2016

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This paper examines the need for reforming the Foreign Intelligence Surveillance Act (FISA) Amendments Act from the perspective of the technology and communications industries. After reviewing the gatekeeper role that industry has played in previous statutes governing national security electronic surveillance, it recommends three specific reforms: (1) using the structure of 702 as the exclusive means to collect data from US companies overseas; (2) clarifying that the US government will only receive post-filter data under Upstream collection; and (3) establishing a NATO-OECD working group to set up norms for electronic surveillance espionage.


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