Lawfare News

The Lawfare Podcast: Travis LeBlanc and FISA Section 702

Jen Patja, Stephanie Pell, Travis LeBlanc
Wednesday, March 22, 2023, 12:00 PM

Published by The Lawfare Institute
in Cooperation With
Brookings

On December 31, 2023, Section 702 of the Foreign Intelligence Surveillance Act (FISA) will expire unless it is reauthorized by Congress. Section 702 authorizes the U.S. government, in order to obtain foreign intelligence information, to target foreigners who are reasonably believed to be outside of the U.S. and collect their communications inside the U.S. without a warrant—even when such surveillance may involve the incidental collection of communications of U.S. persons. Privacy and civil liberties advocates have long raised concerns about the government's ability to conduct so-called backdoor searches of U.S. person information acquired incidentally through the collection of the communications of foreigners. U.S.government officials have argued that it is imperative for Congress to reauthorize Section 702. 

To talk about Section 702 and its reauthorization, Lawfare Senior Editor Stephanie Pell sat down with Travis LeBlanc, a Member of the Privacy and Civil Liberties Oversight Board and a partner at Cooley LLP. They discussed his concerns with the way the government may search or use U.S. person information incidentally collected under Section 702, the aspects of the government's position on reauthorization on which he may agree, and how he believes Congress should reform Section 702. 


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Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Stephanie Pell is a Fellow in Governance Studies at the Brookings Institution and a Senior Editor at Lawfare. Prior to joining Brookings, she was an Associate Professor and Cyber Ethics Fellow at West Point’s Army Cyber Institute, with a joint appointment to the Department of English and Philosophy. Prior to joining West Point’s faculty, Stephanie served as a Majority Counsel to the House Judiciary Committee. She was also a federal prosecutor for over fourteen years, working as a Senior Counsel to the Deputy Attorney General, as a Counsel to the Assistant Attorney General of the National Security Division, and as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of Florida.
Travis LeBlanc is a partner and Member of the Privacy and Civil Liberties Oversight Board at Cooley LLP.