EPIC Urges PCLOB to Investigate the Use of Section 702 in Cybersecurity Investigations

Jeramie D. Scott, Director of EPIC’s Project on Surveillance Oversight participated on a panel today as part of the Privacy and Civil Liberties Oversight Board (PCLOB) public forum on FISA Section 702. In his opening statement, Mr. Scott urged the PCLOB to investigate the use of Section 702 in Cybersecurity Investigations and to push for greater transparency ahead of the reauthorization debate. Last year, EPIC submitted comments to the PCLOB on Section 702 urging the Board to recommend Congress prohibit “abouts” collection and warrantless backdoor searches. EPIC also urged the Board to recommend new and enhanced safeguards, including a larger role for FISC amici, the codification of protections for non-U.S. persons, and more robust notice requirements to criminal defendants. 

EPIC has been a proponent of empowering the Board to conduct meaningful oversight of government surveillance since its inception. EPIC previously urged the Board to investigate the use of facial recognition, aerial surveillance, fusion centers, and location data purchased from data brokers in domestic terrorism investigations. EPIC has also previously called on the Board to conduct a review of surveillance under Executive Order 12333.