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The surveillance authorities contained in Section 702 of the Foreign Intelligence Surveillance Act are set to expire on December 31, 2023, unless Congress acts to renew them. Long regarded by the U.S. government as an indispensable national security tool necessary for averting threats posed by foreign terrorists and other external actors, the law has also long been criticized by rights advocates as unduly infringing on the privacy rights of Americans, among other concerns. As the sunset of Section 702 fast approaches, unlikely political alliances have emerged on Capitol Hill, and the Biden administration has continued its appeals for reauthorization.

In this virtual discussion, a panel of leading experts with diverse perspectives examined the current state of play with respect to proposed legislation and the prospects for reauthorization; areas of likely or imaginable compromise; how U.S. national security and individual privacy could be impacted by various proposals; and what might lie ahead for the future of 702.

This event is co-hosted by the Reiss Center on Law and Security and Just Security.


Event Details

Monday, December 4, 2023
12:30–1:45 P.M.
Virtual Event


This event has been approved for one New York State CLE credit in the category of Areas of Professional Practice. The credit is both transitional and non-transitional; it is appropriate for both experienced and newly admitted attorneys.



  • David Aaron (Co-Moderator), Senior Counsel, Perkins Coie LLP; Visiting Professor, Wesleyan University; former DOJ counterespionage prosecutor and FISA oversight attorney
  • Tess Bridgeman (Co-Moderator), Co-Editor-in-Chief, Just Security; Senior Fellow & Visiting Scholar, Reiss Center on Law and Security
  • Elizabeth Goitein, Senior Director, Liberty & National Security Program, Brennan Center for Justice
  • Andrew McCabe, Former Acting Director and Deputy Director, Federal Bureau of Investigation
  • Mary McCord, Executive Director, Institute for Constitutional Advocacy and Protection, Georgetown University Law Center

CLE Readings

“The Year of Section 702 Reform, Part IV: The Government Surveillance Reform Act,” https://www.justsecurity.org/89786/the-year-of-section-702-reform-part-iv-the-government-surveillance-reform-act/

“The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless “Foreign Intelligence” Queries” https://www.justsecurity.org/87390/the-year-of-section-702-reform-part-iii-why-congress-should-not-exempt-warrantless-foreign-intelligence-queries/

“The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA” https://www.justsecurity.org/86011/the-year-of-section-702-reform-part-ii-closing-the-gaps-and-completing-the-modernization-of-fisa/

“The Year of Section 702 Reform, Part I: Backdoor Searches” https://www.justsecurity.org/85068/the-year-of-section-702-reform-part-i-backdoor-searches/

“Expert Q&A with David Aaron on FISA Section 702 Reauthorization and Reform” https://www.justsecurity.org/89387/expert-qa-with-david-aaron-on-fisa-section-702-reauthorization-and-reform/