The Privacy and Civil Liberties Oversight Board ('PCLOB') announced, on 13 September 2022, that it is seeking public comments regarding questions and recommendations for its oversight project to examine the surveillance program operated pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978 ('FISA'). In particular, the PCLOB explained that the project is in anticipation of the December 2023 sunset date, essentially the expiry date, for Section 702 and the upcoming public and congressional consideration of its reauthorisation.

More specifically, the PCLOB noted that its review will include, among other things, an examination of significant changes to the operation of the Section 702 program since its Surveillance Program Operated Pursuant to Section 702 of the FISA Report from 2 July 2014, an investigation of US person queries of information collected under Section 702, an investigation of upstream collection conducted pursuant to Section 702, and a review of the program's past and projected value and efficacy, as well as the adequacy of existing privacy and civil liberties safeguards.

Finally, the PCLOB clarified that information on how to submit comments will be made available in the coming days in the Federal Register, as well as on the PCLOB website and Twitter account.

You can read the press release here.

UPDATE (27 September 2022)

PCLOB clarifies submission of public comments on Section 702 of FISA

The PCLOB clarified, on 26 September 2022, that public comments can be submitted here until 31 October 2022.

You can read the press release here.

UPDATE (2 November 2022)

PCLOB extends deadline for submission of public comments

The PCLOB announced, on 28 October 2022, that it had extended the deadline for the submission of public comments until 4 November 2022.

You can the read press release here.