Although details of individual plots are classified, the PCLOB
has cited public records on activities thwarted through Section 702, including tracking communications between a US person in Kansas City and a Yemini al Qaeda operative that planned to bomb the New York Stock Exchange.
112, 166 (2015) (emphasizing PCLOB
's lack of enforcement power); Shirin Sinnar, Institutionalizing Rights in the National Security Executive, 50 HARV.
(290) Cooperation between the two boards would be mutually beneficial, especially in the wake of the PCLOB
's report on the legality and efficacy of the National Security Administration's ("NSA") programs under [section] 215 and the effectiveness of the FISC and FISCR.
is an independent agency within the executive branch.
Even in that limited capacity, the PCLOB
has taken some important first steps toward developing a framework for programmatic efficacy review.
the NS A PCLOB
submission demonstrates, the NSA executed the
According to the PCLOB
, the FISC, in defense of its ruling, has maintained "that essentially the entire nation's calling records are 'relevant' to every counterterrorism investigation....
For example, on prospective matters, it is likely that intelligence agencies would consult the PCLOB
only if the agency itself considers the issue being faced new or novel, as the NSA metadata program was labeled prior to its inception.
's discussion is based in part on classified documents: specifically, a September 2008 FISC opinion in which the court agreed with the government that by collecting information about the selector, the target of the intercept was still the individual associated with the selector.
(60) The PCLOB
is an independent, bipartisan agency
While Congress has currently authorized PCLOB
oversight only of
TIMES, November 25, 2013; PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, 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, at 103-104 (January 23, 2014) available at http://www.pclob.gov [hereinafter "PCLOB
Report"]; PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, Public Hearing Regarding the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (March 19, 2014).