Episode 137 — Foreign Intelligence & Data Privacy - FBI Access to FISA Databases
Frost Brown Todd PodcastShow Notes
The U.S. Government collects data globally about persons and organizations. In doing so, it collects vast amounts of data about U.S. persons “incidental” to collecting foreign intel for national security purposes. Since the Carter Administration when the Foreign Intelligence Surveillance Act (FISA) became law, this has raised conflicts between the personal privacy of U.S. and foreign persons and the Government’s interest in national security and crime prevention. The FBI has accessed FISA databases millions of times through U.S. person queries without a warrant – creating front-page news and raising major concerns from the left and right of politics.
Tune in to understand what is at stake, as Congress considers by December 31, 2023 whether and how to extend FISA. Learn about FISA, the reach of Section 702, how it operates in practice, and how the privacy issues involved affect data flows and commerce between the United States and Europe and the privacy of persons domestic and foreign. Consider how information about U.S. persons is involved and can be accessed without a judicial warrant. Our guests are Gene Price, a partner in Frost Brown Todd’s Louisville office, retired as Read Admiral from the U.S. Navy where he supported U.S. Cyber Command and Naval Information Forces Reserve, and Yugo Nagashima, a partner in the firm’s Washington, D.C. office and Deputy Chair of its Data Security and Privacy Team.
Time stamps:
01:45 — What is FISA?
09:23 — What is a “US person query”?
15:15 — What are the privacy implications of FISA?
More from Frost Brown Todd Podcast
Episode 155 considers three important developments as 2024 opens:
Why do businesses create cookies for their websites – and what choices can visitors make when a popup asks us to choose? Can chatbots write privacy policies for businesses? How can we determine if a website shares personal information we provide to it – and if so, for what purposes?
When we visit websites, we increasingly see popups. Why is this? How does consent affect online advertising? And what’s changing in 2024?
Data clutter – we keep our homes tidy, at least some of us do. But what about digital data? It accumulates and grows over time. Unlike hard copy files, which can be pitched or sent to long-term (expensive) storage, data is silent and unobservable (except perhaps to IT personnel). Explore how organizations amass vast amounts of data containing personal information, some highly sensitive. There it resides, posing serious risks to organizations and individuals.
Major data privacy news from November - the meaning beneath the headlines: California issues proposed rules on ADTs – Automated Decision-making Technology. Applying California’s principal data privacy statute, the California Privacy Protection Agency proposes opt-out requirements, pre-use notices, and other measures for AI and related organizations. A New Landmark for Consumer Control Over their Personal Information: CPPA Proposes Regulatory Framework for Automated Decisionmaking Technology (ca.gov). The TSA is using biometrics at U.S. airports with little notice or disclosure. Some U.S. Senators have called “time-out.” What’s going on with biometrics at airports? BUR23A41 (senate.gov). The influential Data & Trust Alliance proposes eight cross-border Data Provenance Standards. Learn how international standards are being set by the private sector to increase transparency, reliability, and use of datasets essential for AI. Will data become labeled and tracked like food and art? How does private standard setting lay the groundwork for privacy conscious laws and regulations? Consider the immediate opportunity to provide your comments about AI and personal data privacy. The Data & Trust Alliance (dataandtrustalliance.org). Tune in to Episode 151 for analysis, as the world of data privacy spins toward 2024.