Adam Klein, Director of the Strauss Center’s Program on Technology, Security, and Global Affairs, as well as the Deputy Director, and former Chairman of the U.S. Privacy and Civil Liberties Oversight Board (PCLOB), was recently featured in a Lawfare Live episode with Benjamin Wittes. In this episode, Klein dives into his experience as Chairman of the PCLOB, paying special attention to his review of applications for electronic surveillance under the Foreign Intelligence Service Act (FISA). Klein and Wittes also discuss a white paper Klein recently published on the same topic. 

Klein began the conversation by explaining what the PCLOB is and elucidating its origins. The PCLOB, as Klein noted, was created to provide an additional check on the suite of counterterrorism powers given to federal agencies in the wake of the 9/11 attacks. Its mandate is to analyze how federal counterterrorism programs balance privacy and civil liberties with operational needs, and make recommendations to refine that balance if needed. Klein also explained the structure of PCLOB, noting that the presence of part-time members from external organizations provides diversity of views and expertise. 

Klein and Wittes then discussed the findings and recommendations in Klein’s white paper, which resulted from his review of 19 classified FISA applications.  Klein noted that FISA applications’ length and complexity, while reflecting the Department of Justice’s obligation of candor with the FISA court, can make it difficult for judges and other reviewers in the government to identify the key points and critically analyze the strength of the government’s case.  To address that problem, the white paper made various recommendations to enhance applications’ clarity and readability.  The white paper also recommended that agencies focus their internal oversight and civil-liberties protections on the most sensitive matters, in which U.S. citizens or lawful permanent residents are targets. Klein also discussed the use of technology to enhance civil liberties protections, such as the use of artificial intelligence to flag possible noncompliance by agency personnel. Listen to the full conversation here.