Is the NSA Still Listening to Your Phone Calls? A Surveillance Debate: Congressional Success or Epic Fail

Presented at Black Hat USA 2015, Aug. 6, 2015, 2:30 p.m. (50 minutes)

At BlackHat 2014, we debated the NSA's collection of Americans' phone calls, emails, address books, buddy lists, calling records, online video game chats, financial documents, browsing history, video chats, text messages, IP addresses, and calendar data. One section that's being used to collect calling records and other business records - Section 215 of the Patriot Act - expired in June. Within days, Congress passed a law to narrow the scope of the section and introduce much needed transparency. It was the first time since the 1970's that Congress reined in the NSA's surveillance practices.

This year we'll discuss Section 215 of the Patriot Act and debate what Congress did to reform the section. Did it fix the program? Did it do nothing? Does Congress ever do anything? Join us by hearing former Senior Counsel of the House Intelligence Committee Jamil Jaffer debate these issues with Mark Jaycox of the Electronic Frontier Foundation.


Presenters:

  • Jamil Jaffer - George Mason University School of Law
    Jamil N. Jaffer served as a Senior Counsel at the House Permanent Select Committee on Intelligence (HPSCI) from 2011-2013. In that position, Mr. Jaffer served as the lead drafter of the Cyber Information Sharing and Protection Act (CISPA) and worked on issues ranging from National Security Agency (NSA) oversight to cybersecurity and counterterrorism matters. Prior to joining the HPSCI, Mr. Jaffer served in a number of positions at the White House and the Department of Justice (DOJ), including as an Associate Counsel to the President and as Counsel to the Assistant Attorney General in DOJ's National Security Division, where he worked on the Comprehensive National Cybersecurity Initiative (CNCI). Most recently, Mr. Jaffer served as the Chief Counsel and Senior Advisor for the U.S. Senate Committee on Foreign Relations, where he counseled the Chairman of the Committee on a range of foreign policy, intelligence, and national security matters. In June, Mr. Jaffer joined IronNet Cybersecurity as Vice President for Strategy and Business Development. Mr. Jaffer is also an Adjunct Professor of Law and Director of the Homeland and National Security Law Program at the George Mason University School of Law.
  • Mark Jaycox - Electronic Frontier Foundation
    Mark Jaycox is a Legislative Analyst for EFF. His issues include user privacy, civil liberties, surveillance law, and cybersecurity. Currently, Mark is working on legislative efforts to reform the National Security Agency and update surveillance law, like the Electronic Communications Privacy Act and the Foreign Intelligence Surveillance Act. Apart from his legislative efforts, one of his upcoming research projects focuses on the use of the Foreign Intelligence Surveillance Act for computer network operations. He was educated at Reed College and the University of Oxford (Wadham College), and has been featured both on and offline in publications like the Guardian, the New York Times, and ProPublica.

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