Go Big, Go Global: Subject the NSA ’s Overseas Programs to Judicial Review

Thursday, June 30, 2016
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Congress should use the debate over section 702 of the Foreign Intelligence Surveillance Act to think big.  Section 702 brings some NSA programs directed at foreign targets under judicial review, showing such review is feasible even for complex programs of transnational surveillance.  NSA programs under Executive Order 12,333 should also be subject to statutory limits and court review, no matter where data is collected or who the targets are.  In addition, the US should limit, on a reciprocal basis, surveillance of the citizens of democratic countries to specific security threats and make it easier to challenge surveillance programs in federal court.

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