"We are rapidly approaching the point where Congress must decide the future of Section 702 of FISA, the authority for the PRISM and Upstream warrantless surveillance programs that expire at the end of this year," Constitution Project Senior Counsel Jake Laperruque writes. "Unfortunately, as was made apparent during [a recent] Senate Intelligence Committee hearing, so far much of the defense of Section 702 has centered on the surface-level rationale that Section 702 is too valuable to allow to sunset," but, he adds, "Section 702 should not be viewed in such a binary manner." Laperruque says the debate "will be contentious, complex and challenging," all of which are good things. "We cannot let such a critical discussion be reduced to sound bites like, 'Is Section 702 useful, yes or no?' ... Congress should instead look at each objection ... and accept reasonable changes" that maintain surveillance needs while enhancing personal privacy.
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