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Why the Government Surveillance Reform Act of 2023 would impair FISA Section 702

Absent reauthorization by Congress, Section 702 of the Foreign Intelligence Surveillance Act (FISA) will expire at the end of the current calendar year. In an opinion for Just Security, CERL Advisory Council member George Croner examines a reform bill put forward by Senator Ron Wyden (D-OR), called the Government Surveillance Reform Act of 2023 (GSRA), that would renew the statute but with significant changes that could, according to Croner, impair the intelligence collection program.

George W. Croner was the principal litigation counsel in the Office of General Counsel at the National Security Agency (NSA). He is a senior fellow at the Foreign Policy Research Institute (FPRI) in its national security program and a member of CERL’s Advisory Council. You can follow him on Twitter (@GeorgeCroner) and find a list of his publications at FPRI.org. Read his full bio here.

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.

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Why the Government Surveillance Reform Act of 2023 would impair FISA Section 702