Wednesday, February 19, 6:00 – 8:15 p.m.
NSA Telephonic and Electronic Surveillance Reform – Are the Programs Legal and What is Going to Change?
The FCBA Privacy and Data Security Committee will hold a CLE on Wednesday, February 19 from 6:00 – 8:15 p.m. entitled “NSA Telephonic and Electronic Surveillance Reform – Are the Programs Legal and What is Going to Change?” This program will be held at Drinker Biddle & Reath LLP, 1500 K Street, NW, Conference Room 2B.
In the second CLE of the year addressing the scope of NSA and other law enforcement agency authority to conduct surveillance of “foreign communications” under the Foreign Intelligence Surveillance Act (FISA) and the USA Patriot Act, this CLE will examine the two conflicting federal district court decisions that have addressed the constitutionality of the NSA metadata collection program (one decision supporting Government authority to collect such data and the other ruling it unconstitutional), and possible outcomes of the appeal process. The CLE will also discuss the President Obama’s January 17, 2014 proposed partial reforms following the Presidential Review Board’s December 2013 recommendations, including changes in how the collected data will be stored and accessed by law enforcement authorities, as well as reforms to FISA court proceedings to introduce a new adversary process that would include an advocate for persons whose metadata is sought.
Moderator:
Douglas G. Bonner, Partner, Drinker Biddle & Reath LLP; Co-Chair, FCBA Privacy and Data Security Committee
Speakers:
Allan Friedman, Visiting Scholar, Cyber Security Policy and Research Institute, George Washington University
Amie Stepanovich, Senior Policy Counsel, Access (former Director of the Domestic Surveillance Project at the Electronic Privacy Information Center)
AGENDA
6:00 – 6:05 p.m. Welcome and Introduction
6:05 – 7:05 p.m. Judge Leon’s Klayman v. Obama injunction order and the S.D.N.Y. ruling upholding the metadata collection program
What is the current legal status of Section 215 of the Patriot Act? How is the appeal process unfolding and what are likely scenarios for Supreme Court or other appellate review?
7:05 – 7:15 p.m. Break
7:15 – 8:15 p.m. Executive and Congressional Reforms of NSA data collection and the FISA court process
What reforms to NSA Section 215 data collection and the FISA process are likely to follow from President Obama’s January 17 speech announcing reforms? What is Congress doing and how much will depend on congressional action? What effect will the Privacy and Civil Liberties Oversight Board January 23, 2014 report concluding that the Section 215 Program is illegal have on future reforms under consideration by the White House and Congress? What is the anticipated course of reform in the near term and the longer term?
