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Report on the Telephone Records Program Conducted under Section 215 of the USA PATRIOT Act and on the Operations of the Foreign Intelligence Surveillance Court

Report on the Telephone Records Program Conducted under Section 215 of the USA PATRIOT Act and on the Operations of the Foreign Intelligence Surveillance Court (PDF)
Source: Privacy and Civil Liberties Oversight Board (U.S. Congress)

The body of this Report consists of seven sections, five of which address the Section 215 telephone records program. After this introduction and the executive summary, Part 3 describes in detail how the telephone records program works. To put the present-day operation of the program in context, Part 4 reviews its history, including its evolution from predecessor intelligence activities. An analysis of whether the telephone records program meets applicable statutory requirements follows in Part 5. Part 6 addresses the constitutional issues raised by the telephone records program under both the First and Fourth Amendments. The final section discussing the Section 215 program, Part 7, examines the potential benefits of the program, its efficacy in achieving its purposes, the impact of the program on privacy and civil liberties, and the Board’s conclusions that reforms are needed.

After considering the 215 program, the Report addresses the operations of the Foreign Intelligence Surveillance Court. That section, Part 8, concludes by proposing an approach that, in appropriate cases, would allow the FISC judges to hear from a Special Advocate. Part 9, the final section of the Report, addresses the issue of transparency, which has been a priority of this Board since it began operations.

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