Privacy and Civil Liberties Oversight Board: Difference between revisions

Privacy and Civil Liberties Oversight Board
Agency overview
Formed	2004
Jurisdiction	United States
Headquarters	Washington, DC
Agency executives	Sharon Bradford Franklin, Chair; Edward W. Felten, Board Member; Travis LeBlanc, Board Member; Beth Ann Williams, Board Member; Richard E. DiZinno, Board Member;
Key documents	Intelligence Reform and Terrorism Prevention Act; Implementing Recommendations of the 9/11 Commission Act of 2007;
Website	https://www.pclob.gov/

Browse history interactively

← Previous edit Next edit →

Content deleted Content added

VisualWikitext

Inline

Revision as of 21:24, 12 March 2024

The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent agency within the executive branch of the United States government, established by Congress in 2004 to advise the President and other senior executive branch officials to ensure that concerns with respect to privacy and civil liberties in the United States are appropriately considered in the development and implementation of all laws, regulations, and executive branch policies related to terrorism.^[1]

Role and operations

The purpose of the Privacy and Civil Liberties Oversight Board is two-fold: to analyze and review actions the executive branch takes to protect the nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; and to ensure that liberty concerns are appropriately considered in the development and implementation of law, regulations and policies related to efforts to protect the nation against terrorism.

The Board has two main functions: (a) advice and counsel on policy development and implementation and (b) oversight. Its functions include reviewing proposed legislation, regulations and policies; advising the President and the departments and agencies of the executive branch; and continually reviewing the implementation of the regulations, policies, and procedures of the executive branch relating to terrorism to ensure that privacy and civil liberties are protected. In addition, the Board is specifically charged with responsibility for reviewing the terrorism information sharing practices of executive branch departments and agencies to determine, whether they adhere to guidelines designed to appropriately protect privacy and civil liberties.^[2]^[3] In the course of performing these functions, the Board shall coordinate with the privacy and civil liberties officers in the relevant departments and agencies.

The Board is authorized to have access to all relevant information necessary to fulfill its role, including classified information consistent with applicable law. The Board is required to report to Congress not less than semiannually.

History

2004–2006: Creation within the Executive Office

Recommended by the 9/11 Commission Report issued on July 22, 2004, the Privacy and Civil Liberties Oversight Board was initially established by the Intelligence Reform and Terrorism Prevention Act of 2004.^[4] It consisted of five members appointed by the President, with the board being part of the Executive Office of the President and was supported by an Executive Director and staff. In February 2005, a majority of Minnesota congresspersons and senators had nominated Coleen Rowley to serve on the Board,^[5] but President George W. Bush did not nominate her.

The first Board members from 2006 were Carol E. Dinkins, of Texas, Chairwoman; Alan Charles Raul, of the District of Columbia, Vice Chairman; Theodore B. Olson, of Virginia; Lanny Davis, of Maryland, and Francis X. Taylor, of Maryland. The Chairwoman and Vice Chairman were confirmed by the Senate on February 17, 2006. All Board members were sworn in and had their first meeting on March 14, 2006. On May 14, 2007, Lanny Davis resigned, charging that the White House had sought to control the content of a Board report.^[6]

2007–2012: Lack of quorum

From 2007 until August 2012, the Board did not have a quorum.^{[citation needed]}

In January 2007, H.R. 1 ("Implementing Recommendations of the 9/11 Commission Act of 2007"), aimed to reconstitute the board as an independent agency, composed of 5 Senate confirmed members serving staggered six-year terms and passed the U.S. House of Representatives. The Senate companion bill, ("Improving America's Security Act of 2007", S. 4), passed on March 13, 2007. The House language prevailed upon reconciliation and on August 3, 2007 President Bush signed the Implementing Recommendations of the 9/11 Commission Act of 2007, into law.^[7] In January 2008, the changes took effect, at which time the original Board ceased to exist.

On February 27, 2008, the Senate received President George W. Bush's first three nominations to the revamped PCLOB: Daniel W. Sutherland, Officer for Civil Rights and Civil Liberties at the Department of Homeland Security, to serve a six-year term as chair of the board; Ronald D. Rotunda, professor of law at George Mason University, to serve a four-year term as a member of the PCLOB; and Francis X. Taylor, a former member of the board, to a serve a two-year term. On September 8, 2008, President Bush made a fourth nomination, of James X. Dempsey, senior counsel at the Center for Democracy and Technology, to serve a five-year term. The nominations were referred to the Senate Committee on the Judiciary, which took no further action.^[6]

In December 2010, President Barack Obama nominated two persons to the Board: Dempsey, and Elisebeth Collins Cook, a former Assistant Attorney General at the U.S. Department of Justice and, at the time, a partner in a Chicago law firm.^[8]^[9]^[10] Those nominations expired at the end of the 111th Congress.

In January 2011, President Obama re-nominated Dempsey and Cook.^[11] In December 2011, the Obama administration announced to revitalize the Board as a check against its proposed cybersecurity policies and measures.^[12] and the President made three more nominations: David Medine, a former associate director of the Federal Trade Commission, as chairman; Rachel Brand, Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce and a former Assistant Attorney General at the United States Department of Justice, as a member; and Patricia M. Wald, a former federal appeals-court judge, as a member.^[13]

On August 2, 2012, the Senate confirmed Dempsey, Brand, Cook, and Wald,^[14] but did not act upon the nomination of David Medine to be chair at that time.

2013: Independent agency begins work

In January 2013, the White House re-nominated David Medine as chair,^[15] and the Senate confirmed him on May 7, 2013 in a 53–45, party-line vote.^[16] On July 9, 2013, the Board held its first public workshop and its first substantive hearing on November 4, 2013.^[17]

2014: Report on mass surveillance

On January 23, 2014, the board released its first report. It was the first comprehensive review of the NSA warrantless surveillance program instituted under the Patriot Act, after Edward Snowden had released classified documents from the NSA.^[18]^[19] It includes reviews of classified information and briefings with officials from the Department of Justice, FBI, NSA, and CIA.^[19]

The report found two main problems with the NSA's surveillance program: it "lacks a viable legal foundation"^[18]^[20] and there is "little evidence that […] NSA's bulk collection of telephone records actually have yielded material counterterrorism results that could not have been achieved without the NSA's Section 215 program."^[21]

The PCLOB report argued that the legal basis for NSA surveillance programs in Section 215 of the Patriot Act, allows only the FBI to collect bulk data for investigations and that the NSA is not directly permitted to do so. The report found that the NSA's reliance on a 2004 Foreign Intelligence Surveillance Act (FISA) court opinion approving the bulk collection of Internet metadata does not correctly apply to the situation: "The government should not base an ongoing program affecting the rights of Americans on an interpretation of a statute that is not apparent from a natural reading of the text".^[19]

The report said that data collected by the NSA did not contribute uniquely to any FBI criminal investigations and that the PCLOB did not find a single case where NSA surveillance programs directly contributed to the disruption of a terrorist attack. Additionally, there is only one instance where NSA data helped identify an unknown terrorism suspect. Since the NSA collects data as it is generated, the PCLOB argued that the collection process violated the Electronic Communications Privacy Act, could not be directed towards any specific investigation, and that the information could not be treated as relevant to any FBI investigation except in response to specific enumerated circumstances.^[19] The PCLOB found no evidence of bad faith or misconduct on the part of the NSA, but that the technological complexity and vast scope of surveillance programs coupled with the potential for governmental abuse of power posed an inherent risk to Americans.

The report noted that although the FISA court was designed to hear cases regarding foreign surveillance, FISA does not provide a mechanism for the court to allow non-governmental parties to provide arguments against government surveillance proposals or otherwise participate in court proceedings.^[19] As a result, there are very few appeals of FISA court decisions.

The PCLOB report recommended that the US end bulk data collection and that the FISA court judges' decision making "would be greatly enhanced if they could hear opposing views when ruling on requests to establish new surveillance programs"^[19] to increase public confidence in intelligence and surveillance programs. It recommended that the government should promote more transparency to inform public debate on technology, national security, and civil liberties. Among other things, the board recommended that the FISA court should declassify its rulings and opinions of the FISA court and establish a Special Advocate board should be formed. These measures would allow citizens to bring up surveillance concerns in court, challenge government surveillance proposals, and help keep the proceedings of the court more transparent.^{[citation needed]}

Current members

As of September 2022:

Name	Position	Term expires
Sharon Bradford Franklin	Chair	January 29, 2024
Beth Ann Williams	Member	January 29, 2026
Edward Felten	Member	January 29, 2025
Travis LeBlanc	Member	January 29, 2028
Richard DiZinno	Member	January 29, 2023

Criticism

Some people initially viewed the PCLOB with skepticism, since the board was convened to protect the American public against privacy intrusions by their own government.^[17] Under the board's statute, only the Chairperson is a full-time employee and has the power to hire staff. Since Medine was not confirmed until May 7, 2013, it was not until after that time that the Board was finally able to begin to engage in any substantial projects.

Proposals to strengthen the Board

In 2015, Ron Wyden (D-OR) in the Senate and Tulsi Gabbard (D-HI-2) in the House spearheaded, along with co-sponsors Tom Udall (D-NM) and Trey Gowdy (R-SC-4), the Strengthening Privacy, Oversight, and Transparency (SPOT) Act,^[22] to, as Udall stated, strengthen the PCLOB and "significantly improve the oversight and accountability of the nation's intelligence community to protect Americans' constitutional rights."^[23]^[24]

In 2017, the House bill H.R. 3523, the Cyber Intelligence Sharing and Protection Act (CISPA) of 2011, proposed that the PCLOB issue annual reports on the civil liberties and privacy impact of CISPA's provisions for the sharing of "cyber threat" information and intelligence between the government and private companies. It would have made PCLOB responsible for reporting on privacy and civil liberty intrusions under its information sharing program. The bill died in Congress.^[25]

Footnotes

^ George, Roger Z.; Robert D. Kline (2005). Intelligence and the National Security Strategist. Rowman & Littlefield. p. 572. ISBN 978-0-7425-4039-2.
^ George W Bush (16 December 2005). "Message to the Congress of the United States on Information Sharing". Office of the Press Secretary, The White House. Archived from the original on 25 October 2017. Retrieved 8 September 2017.
^ George W Bush (16 December 2005). "Memorandum for the Heads of Executive Departments and Agencies". whitehouse.gov. Archived from the original on 11 October 2012. Retrieved 5 September 2012 – via National Archives.
^ "Title I – Reform of the Intelligence Community" (PDF). United States Government Printing Office. Archived from the original (PDF) on 5 February 2012. Retrieved 5 September 2012.
^ Max Lerner Coleen Rowley Archived 2019-09-20 at the Wayback Machine Civil liberties in times of war. PBS Now,3 April 2005
^ ^a ^b Garrett Hatch (November 14, 2011), Privacy and Civil Liberties Oversight Board: New Independent Agency Status (PDF), Congressional Research Service, archived (PDF) from the original on May 5, 2012, retrieved April 13, 2012
^ Public Law 110–53—Aug. 3, 2007. Implementing Recommendations of the 9/11 Commission Act of 2007 (PDF), intelligence.senate.gov, archived from the original (PDF) on 2012-09-15, retrieved 2012-04-13
^ "Nominations Sent to the Senate | The White House". whitehouse.gov. 2010-12-17. Archived from the original on 2017-02-16. Retrieved 2012-09-01 – via National Archives.
^ "President Obama Announces More Key Administration Posts, 12/16/10 | The White House". whitehouse.gov. 2010-12-16. Archived from the original on 2017-02-16. Retrieved 2012-09-01 – via National Archives.
^ "President Obama Announces Another Key Administration Post, 12/16/10 | The White House". whitehouse.gov. 2010-12-16. Archived from the original on 2017-02-16. Retrieved 2012-09-01 – via National Archives.
^ "Presidential Nominations Sent to the Senate | The White House". whitehouse.gov. 2011-01-05. Archived from the original on 2017-02-16. Retrieved 2012-09-01 – via National Archives.
^ Howard A. Schmidt (16 December 2011). "Protecting Our Values and Cyberspace Together | The White House". whitehouse.gov. Archived from the original on 2017-01-23. Retrieved 2012-09-01 – via National Archives.
^ "President Obama Announces More Key Administration Posts | The White House". whitehouse.gov. 2011-12-15. Archived from the original on 2017-01-24. Retrieved 2012-09-01 – via National Archives.
^ Michael Daniel, Danny Weitzner and Quentin Palfrey (2012-08-03). "Senate Confirms Four Nominees to Privacy & Civil Liberties Board | The White House". whitehouse.gov. Archived from the original on 2017-02-17. Retrieved 2012-09-01 – via National Archives.
^ Presidential Nominations Sent to the Senate Archived 2017-02-16 at the Wayback Machine The White House, January 22, 2013
^ On the Nomination (Confirmation David Medine, of Maryland, to be Chairman and Member of the Privacy and Civil Liberties Oversight Board ) Archived 2018-09-25 at the Wayback Machine U.S. Senate Roll Call Votes 113th Congress, U.S Senate, May 7, 2013
^ ^a ^b Ali Watkins (November 2013). "NSA Cites stop and frisk". McClatchy. Archived from the original on 9 January 2014. Retrieved 9 January 2014.
^ ^a ^b Micek, Peter; Ben-Avie, Jochai; Fox, Jon (January 23, 2014). "US privacy oversight board slams legality & usefulness bulk data collection". Accessnow.org. Retrieved February 1, 2014.
^ ^a ^b ^c ^d ^e ^f Medine, David (2014-12-05). "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). pclob.gov. p. 238. Archived (PDF) from the original on 2017-08-28. Retrieved 2014-10-24.
^ Spencer Ackerman in Washington (2014-01-23). "US privacy board dissenters defend balancing act of NSA surveillance". The Guardian. Archived from the original on 2014-02-01. Retrieved 2014-02-01.
^ Abdo, Alex (2014-01-24). "PCLOB NSA surveillance report: Three things you need to know". Slate. Archived from the original on 2014-01-29. Retrieved 2014-02-01.
^ Gabbard, Tulsi (2015-06-26). "Related Bills - H.R.2305 - 114th Congress (2015-2016): SPOT Act". www.congress.gov. Retrieved 2019-12-27.
^ "Lawmakers want to expand role of government privacy watchdog". Washington Post. ISSN 0190-8286. Retrieved 2022-05-01.
^ "Udall Bill Would Strengthen Ability of Privacy Oversight Board to Protect Americans' Constitutional Rights | U.S. Senator Tom Udall of New Mexico". www.tomudall.senate.gov. Retrieved 2019-12-27.
^ Rep. Michael “Mike” Rogers [R-MI8]. "Cyber Intelligence Sharing and Protection Act (H.R. 3523)". GovTrack.us. Archived from the original on 2019-04-03. Retrieved 2012-09-01.{{cite web}}: CS1 maint: numeric names: authors list (link)

General references

Public Law 110-53, Title VIII (August 3, 2007).
"Dempsey Nominated for Privacy and Civil Liberties Oversight Board". Benton Foundation. 2008-08-20. Retrieved 2008-12-01.

External links

Official website
Privacy and Civil Liberties Oversight Board in the Federal Register
6 CFR Chapter X of the Code of Federal Regulations from the OFR
CRS report for Congress with more information
C-SPAN Video Library: Privacy and Civil Liberties Oversight Board
- NSA surveillance programs (1) Legal Perspectives Jul 9, 2013
- NSA surveillance programs (2) Technical Perspectives Jul 9, 2013
- NSA surveillance programs (3) Policy Perspectives Jul 9, 2013
White House website at the Wayback Machine (archived January 22, 2009)

[1] George, Roger Z.; Robert D. Kline (2005). Intelligence and the National Security Strategist. Rowman & Littlefield. p. 572. ISBN 978-0-7425-4039-2.

[2] George W Bush (16 December 2005). "Message to the Congress of the United States on Information Sharing". Office of the Press Secretary, The White House. Archived from the original on 25 October 2017. Retrieved 8 September 2017.

[3] George W Bush (16 December 2005). "Memorandum for the Heads of Executive Departments and Agencies". whitehouse.gov. Archived from the original on 11 October 2012. Retrieved 5 September 2012 – via National Archives.

[4] "Title I – Reform of the Intelligence Community" (PDF). United States Government Printing Office. Archived from the original (PDF) on 5 February 2012. Retrieved 5 September 2012.

[pbsnow-5] Max Lerner Coleen Rowley Archived 2019-09-20 at the Wayback Machine Civil liberties in times of war. PBS Now,3 April 2005

[Hatch2011-6] Garrett Hatch (November 14, 2011), Privacy and Civil Liberties Oversight Board: New Independent Agency Status (PDF), Congressional Research Service, archived (PDF) from the original on May 5, 2012, retrieved April 13, 2012

[7] Public Law 110–53—Aug. 3, 2007. Implementing Recommendations of the 9/11 Commission Act of 2007 (PDF), intelligence.senate.gov, archived from the original (PDF) on 2012-09-15, retrieved 2012-04-13

[8] "Nominations Sent to the Senate | The White House". whitehouse.gov. 2010-12-17. Archived from the original on 2017-02-16. Retrieved 2012-09-01 – via National Archives.

[9] "President Obama Announces More Key Administration Posts, 12/16/10 | The White House". whitehouse.gov. 2010-12-16. Archived from the original on 2017-02-16. Retrieved 2012-09-01 – via National Archives.

[10] "President Obama Announces Another Key Administration Post, 12/16/10 | The White House". whitehouse.gov. 2010-12-16. Archived from the original on 2017-02-16. Retrieved 2012-09-01 – via National Archives.

[11] "Presidential Nominations Sent to the Senate | The White House". whitehouse.gov. 2011-01-05. Archived from the original on 2017-02-16. Retrieved 2012-09-01 – via National Archives.

[12] Howard A. Schmidt (16 December 2011). "Protecting Our Values and Cyberspace Together | The White House". whitehouse.gov. Archived from the original on 2017-01-23. Retrieved 2012-09-01 – via National Archives.

[13] "President Obama Announces More Key Administration Posts | The White House". whitehouse.gov. 2011-12-15. Archived from the original on 2017-01-24. Retrieved 2012-09-01 – via National Archives.

[14] Michael Daniel, Danny Weitzner and Quentin Palfrey (2012-08-03). "Senate Confirms Four Nominees to Privacy & Civil Liberties Board | The White House". whitehouse.gov. Archived from the original on 2017-02-17. Retrieved 2012-09-01 – via National Archives.

[15] Presidential Nominations Sent to the Senate Archived 2017-02-16 at the Wayback Machine The White House, January 22, 2013

[16] On the Nomination (Confirmation David Medine, of Maryland, to be Chairman and Member of the Privacy and Civil Liberties Oversight Board ) Archived 2018-09-25 at the Wayback Machine U.S. Senate Roll Call Votes 113th Congress, U.S Senate, May 7, 2013

[mclatchy-17] Ali Watkins (November 2013). "NSA Cites stop and frisk". McClatchy. Archived from the original on 9 January 2014. Retrieved 9 January 2014.

[accessnow1-18] Micek, Peter; Ben-Avie, Jochai; Fox, Jon (January 23, 2014). "US privacy oversight board slams legality & usefulness bulk data collection". Accessnow.org. Retrieved February 1, 2014.

[pclob1-19] ^ ^a ^b ^c ^d ^e ^f Medine, David (2014-12-05). "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). pclob.gov. p. 238. Archived (PDF) from the original on 2017-08-28. Retrieved 2014-10-24.

[20] Spencer Ackerman in Washington (2014-01-23). "US privacy board dissenters defend balancing act of NSA surveillance". The Guardian. Archived from the original on 2014-02-01. Retrieved 2014-02-01.

[slate1-21] Abdo, Alex (2014-01-24). "PCLOB NSA surveillance report: Three things you need to know". Slate. Archived from the original on 2014-01-29. Retrieved 2014-02-01.

[22] Gabbard, Tulsi (2015-06-26). "Related Bills - H.R.2305 - 114th Congress (2015-2016): SPOT Act". www.congress.gov. Retrieved 2019-12-27.

[23] "Lawmakers want to expand role of government privacy watchdog". Washington Post. ISSN 0190-8286. Retrieved 2022-05-01.

[24] "Udall Bill Would Strengthen Ability of Privacy Oversight Board to Protect Americans' Constitutional Rights | U.S. Senator Tom Udall of New Mexico". www.tomudall.senate.gov. Retrieved 2019-12-27.

[25] Rep. Michael “Mike” Rogers [R-MI8]. "Cyber Intelligence Sharing and Protection Act (H.R. 3523)". GovTrack.us. Archived from the original on 2019-04-03. Retrieved 2012-09-01.{{cite web}}: CS1 maint: numeric names: authors list (link)

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]

[10]

[11]

[12]

[13]

[14]

[15]

[16]

[17]

[18]

[19]

[20]

[21]

[22]

[23]

[24]

[25]

@@ Line 1: / Line 1: @@
+{{Short description|U.S. government agency}}
 {{Infobox government agency
 | agency_name     = Privacy and Civil Liberties Oversight Board
-| type            =
+| type            = agency
 | nativename      =
 | nativename_a    =
@@ Line 14: / Line 15: @@
 | picture_width   =
 | picture_caption =
-| formed          = <!-- {{Start date|YYYY|MM|DD}} OR {{Start date and age|YYYY|MM|DD}} -->
+| formed          = 2004
 | preceding1      =
 | preceding2      = <!-- up to |preceding6= -->
@@ Line 20: / Line 21: @@
 | superseding1    =
 | superseding2    = <!-- up to |superseding6= -->
 | agency_type     =
 | jurisdiction    = [[United States]]
-| headquarters    =
+| headquarters    = Washington, DC
 | coordinates     = <!-- {{coord|LATITUDE|LONGITUDE|type:landmark_region:US|display=inline,title}} -->
 | motto           =
 | employees       =
 | budget          =
-| chief1_name     =
+| chief1_name     = Sharon Bradford Franklin
-| chief1_position =
+| chief1_position = Chair
-| chief2_name     =
+| chief2_name     = Edward W. Felten
-| chief2_position = <!-- up to |chief9_name= -->
+| chief2_position = Board Member
+| chief3_name     = Travis LeBlanc
+| chief3_position = Board Member
+| chief4_name     = [[Beth Ann Williams]]
+| chief4_position = Board Member
+| chief5_name     = Richard E. DiZinno
+| chief5_position = Board Member
 | parent_department =
 | parent_agency   =
 | child1_agency   =
-| child2_agency   = <!-- up to |child25_agency= -->
+| child2_agency   = <!-- up to | |child25_agency= -->
 | keydocument1    = [[Intelligence Reform and Terrorism Prevention Act]]
 | keydocument2    = [[Implementing Recommendations of the 9/11 Commission Act of 2007]]
-| website         = {{URL|http://www.pclob.gov/}}
+| website         = https://www.pclob.gov/
 | footnotes       =
 | embed           =
 }}
 The '''Privacy and Civil Liberties Oversight Board''' ('''PCLOB''') is an [[ Independent agency of the United States government|independent agency]] within the [[United States federal executive departments|executive branch of the United States government]], established by [[United States Congress|Congress]] in 2004 to advise the [[President of the United States|President]] and other senior executive branch officials to ensure that concerns with respect to privacy and [[civil liberties in the United States]] are appropriately considered in the development and implementation of all laws, regulations, and executive branch policies related to terrorism.<ref>{{cite book|last=George|first=Roger Z.|author2=Robert D. Kline|title=Intelligence and the National Security Strategist|publisher=Rowman & Littlefield|year=2005|page=572|isbn=978-0-7425-4039-2}}</ref>
@@ Line 46: / Line 53: @@
 The purpose of the Privacy and Civil Liberties Oversight Board is two-fold: to analyze and review actions the executive branch takes [[Homeland security|to protect the nation from terrorism]], ensuring that the need for such actions is balanced with the need to protect privacy and [[civil liberties]]; and to ensure that liberty concerns are appropriately considered in the development and implementation of law, regulations and policies related to efforts to protect the nation against terrorism.
-The Board has two main functions: (a) advice and counsel on [[policy development]] and implementation and (b) oversight.  Its functions include reviewing proposed legislation, regulations and policies; advising the President and the departments and agencies of the executive branch; and continually reviewing the implementation of the regulations, policies, and procedures of the executive branch relating to terrorism to ensure that privacy and civil liberties are protected. In addition, the Board is specifically charged with responsibility for reviewing the terrorism [[information sharing]] practices of executive branch departments and agencies to determine, whether they adhere to guidelines designed to appropriately protect privacy and civil liberties.<ref>{{cite web|author=George W Bush|title=Message to the Congress of the United States on Information Sharing|publisher=Office of the Press Secretary, The White House|url=https://georgewbush-whitehouse.archives.gov/news/releases/2005/12/20051216-9.html|date=16 December 2005}}</ref><ref>{{cite web|author=George W Bush|title=Memorandum for the Heads of Executive Departments and Agencies|url=https://georgewbush-whitehouse.archives.gov/news/releases/2005/12/20051216-10.html|publisher=The White House|accessdate=5 September 2012|date=16 December 2005}}</ref> In the course of performing these functions, the Board shall coordinate with the privacy and civil liberties officers in the relevant departments and agencies.
+The Board has two main functions: (a) advice and counsel on [[policy development]] and implementation and (b) oversight.  Its functions include reviewing proposed legislation, regulations and policies; advising the President and the departments and agencies of the executive branch; and continually reviewing the implementation of the regulations, policies, and procedures of the executive branch relating to terrorism to ensure that privacy and civil liberties are protected. In addition, the Board is specifically charged with responsibility for reviewing the terrorism [[information sharing]] practices of executive branch departments and agencies to determine, whether they adhere to guidelines designed to appropriately protect privacy and civil liberties.<ref>{{cite web|author=George W Bush|title=Message to the Congress of the United States on Information Sharing|publisher=Office of the Press Secretary, The White House|url=https://georgewbush-whitehouse.archives.gov/news/releases/2005/12/20051216-9.html|date=16 December 2005|access-date=8 September 2017|archive-date=25 October 2017|archive-url=https://web.archive.org/web/20171025190348/https://georgewbush-whitehouse.archives.gov/news/releases/2005/12/20051216-9.html|url-status=live}}</ref><ref>{{cite web|author=George W Bush|title=Memorandum for the Heads of Executive Departments and Agencies|url=https://georgewbush-whitehouse.archives.gov/news/releases/2005/12/20051216-10.html|access-date=5 September 2012|date=16 December 2005|archive-date=11 October 2012|archive-url=https://web.archive.org/web/20121011195431/http://georgewbush-whitehouse.archives.gov/news/releases/2005/12/20051216-10.html|via=[[NARA|National Archives]]|work=[[whitehouse.gov]]|url-status=live}}</ref> In the course of performing these functions, the Board shall coordinate with the privacy and civil liberties officers in the relevant departments and agencies.
 The Board is authorized to have access to all relevant information necessary to fulfill its role, including [[classified information]] consistent with applicable law. The Board is required to report to Congress not less than semiannually.
 == History ==
-=== 2004–2006, designed to exist within the Executive Office ===
+=== 2004–2006: Creation within the Executive Office ===
-Recommended by the [[9/11 Commission Report]] issued on July 22, 2004, the Privacy and Civil Liberties Oversight Board was initially established by the [[Intelligence Reform and Terrorism Prevention Act of 2004]].<ref>{{cite web|title=Title I – Reform of the Intelligence Community|url=http://www.gpoaccess.gov/serialset/creports/pdf/108-796/titlei_reform_intel.pdf|publisher=United States Government Printing Office|accessdate=5 September 2012}}</ref> It consisted of five members appointed by the President, with the board being part of the Executive Office of the President and was supported by an Executive Director and staff. In February 2005, a majority of Minnesota congresspersons and senators had nominated [[Coleen Rowley]] to serve on the Board,<ref name=pbsnow>Max Lerner [https://www.pbs.org/now/politics/rowley.html Coleen Rowley] Civil liberties in times of war. PBS Now,3 April 2005</ref> but President [[George W. Bush]] did not nominate her.
+Recommended by the [[9/11 Commission Report]] issued on July 22, 2004, the Privacy and Civil Liberties Oversight Board was initially established by the [[Intelligence Reform and Terrorism Prevention Act of 2004]].<ref>{{cite web|title=Title I – Reform of the Intelligence Community|url=http://www.gpoaccess.gov/serialset/creports/pdf/108-796/titlei_reform_intel.pdf|publisher=United States Government Printing Office|access-date=5 September 2012|archive-url=https://web.archive.org/web/20120205022752/http://www.gpoaccess.gov/serialset/creports/pdf/108-796/titlei_reform_intel.pdf|archive-date=5 February 2012|url-status=dead}}</ref> It consisted of five members appointed by the President, with the board being part of the Executive Office of the President and was supported by an Executive Director and staff. In February 2005, a majority of Minnesota congresspersons and senators had nominated [[Coleen Rowley]] to serve on the Board,<ref name=pbsnow>Max Lerner [https://www.pbs.org/now/politics/rowley.html Coleen Rowley] {{Webarchive|url=https://web.archive.org/web/20190920173938/http://www.pbs.org/now/politics/rowley.html |date=2019-09-20 }} Civil liberties in times of war. PBS Now,3 April 2005</ref> but President [[George W. Bush]] did not nominate her.
-The first Board members from 2006 were Carol E. Dinkins, of Texas, Chairwoman; Alan Charles Raul, of the District of Columbia, Vice Chairman; [[Theodore B. Olson]], of Virginia; [[Lanny Davis]], of Maryland, and [[Francis X. Taylor]], of Maryland. The Chairwoman and Vice Chairman were confirmed by the Senate on February 17, 2006. All Board members were sworn in and had their first meeting on March 14, 2006. On May 14, 2007, Lanny Davis resigned, charging that the White House had sought to control the content of a Board report.<ref name="Hatch2011">{{citation |title=Privacy and Civil Liberties Oversight Board: New Independent Agency Status |author=Garrett Hatch |date=November 14, 2011 |publisher=[[Congressional Research Service]] |url=http://www.fas.org/sgp/crs/misc/RL34385.pdf }}</ref>
+The first Board members from 2006 were Carol E. Dinkins, of Texas, Chairwoman; Alan Charles Raul, of the District of Columbia, Vice Chairman; [[Theodore B. Olson]], of Virginia; [[Lanny Davis]], of Maryland, and [[Francis X. Taylor]], of Maryland. The Chairwoman and Vice Chairman were confirmed by the Senate on February 17, 2006. All Board members were sworn in and had their first meeting on March 14, 2006. On May 14, 2007, Lanny Davis resigned, charging that the White House had sought to control the content of a Board report.<ref name="Hatch2011">{{citation |title=Privacy and Civil Liberties Oversight Board: New Independent Agency Status |author=Garrett Hatch |date=November 14, 2011 |publisher=[[Congressional Research Service]] |url=http://www.fas.org/sgp/crs/misc/RL34385.pdf |access-date=April 13, 2012 |archive-date=May 5, 2012 |archive-url=https://web.archive.org/web/20120505115423/http://www.fas.org/sgp/crs/misc/RL34385.pdf |url-status=live }}</ref>
-=== 2007–2012, Board ceased to exist ===
+=== 2007–2012: Lack of quorum ===
-From 2007 until August 2012 the Board ceased to exist.
+From 2007 until August 2012, the Board did not have a quorum.{{Citation needed|date=February 2021}}
-In January 2007, H.R. 1 ("Implementing Recommendations of the 9/11 Commission Act of 2007"), aimed to reconstitute the board as an [[independent agency]], composed of 5 Senate confirmed members serving staggered six-year terms and passed the U.S. House of Representatives. The Senate companion bill, ("Improving America's Security Act of 2007", S. 4), passed on March 13, 2007. The House language prevailed upon reconciliation and on August 3, 2007 President Bush signed the [[Implementing Recommendations of the 9/11 Commission Act of 2007]], into law.<ref>{{citation |title=Public Law 110–53—Aug. 3, 2007. Implementing Recommendations of the 9/11 Commission Act of 2007 |publisher=intelligence.senate.gov |url=http://intelligence.senate.gov/laws/pl11053.pdf }}</ref>  In January 2008, the changes took effect, at which time the original Board ceased to exist.
+In January 2007, H.R. 1 ("Implementing Recommendations of the 9/11 Commission Act of 2007"), aimed to reconstitute the board as an [[independent agency]], composed of 5 Senate confirmed members serving staggered six-year terms and passed the U.S. House of Representatives. The Senate companion bill, ("Improving America's Security Act of 2007", S. 4), passed on March 13, 2007. The House language prevailed upon reconciliation and on August 3, 2007 President Bush signed the [[Implementing Recommendations of the 9/11 Commission Act of 2007]], into law.<ref>{{citation |title=Public Law 110–53—Aug. 3, 2007. Implementing Recommendations of the 9/11 Commission Act of 2007 |publisher=intelligence.senate.gov |url=http://intelligence.senate.gov/laws/pl11053.pdf |access-date=2012-04-13 |archive-url=https://web.archive.org/web/20120915080041/http://intelligence.senate.gov/laws/pl11053.pdf |archive-date=2012-09-15 |url-status=dead }}</ref> In January 2008, the changes took effect, at which time the original Board ceased to exist.
-On February 27, 2008 the Senate received President [[George W. Bush]]'s first three nominations to the revamped PCLOB: Daniel W. Sutherland, Officer for Civil Rights and Civil Liberties at the Department of Homeland Security, to serve a six-year term as chair of the board; [[Ronald D. Rotunda]], professor of law at George Mason University, to serve a four-year term as a member of the PCLOB; and [[Francis X. Taylor]], a former member of the board, to a serve a two-year term. On September 8, 2008, President Bush made a fourth nomination, of James X. Dempsey, senior counsel at the Center for Democracy and Technology, to serve a five-year term.  The nominations were referred to the Senate Committee on the Judiciary, which took no further action.<ref name="Hatch2011" />
+On February 27, 2008, the Senate received President [[George W. Bush]]'s first three nominations to the revamped PCLOB: Daniel W. Sutherland, Officer for Civil Rights and Civil Liberties at the Department of Homeland Security, to serve a six-year term as chair of the board; [[Ronald D. Rotunda]], professor of law at George Mason University, to serve a four-year term as a member of the PCLOB; and [[Francis X. Taylor]], a former member of the board, to a serve a two-year term. On September 8, 2008, President Bush made a fourth nomination, of James X. Dempsey, senior counsel at the Center for Democracy and Technology, to serve a five-year term.  The nominations were referred to the Senate Committee on the Judiciary, which took no further action.<ref name="Hatch2011" />
-In December 2010, President [[Barack Obama]] nominated two persons to the Board: Dempsey, and [[Elisebeth Collins Cook]], a former Assistant Attorney General at the U.S. Department of Justice and, at the time, a partner in a Chicago law firm.<ref>{{cite web|url=http://www.whitehouse.gov/the-press-office/2010/12/17/nominations-sent-senate |title=Nominations Sent to the Senate &#124; The White House |publisher=Whitehouse.gov |date=2010-12-17 |accessdate=2012-09-01}}</ref><ref>{{cite web|url=http://www.whitehouse.gov/the-press-office/2010/12/16/president-obama-announces-more-key-administration-posts-121610 |title=President Obama Announces More Key Administration Posts, 12/16/10 &#124; The White House |publisher=Whitehouse.gov |date=2010-12-16 |accessdate=2012-09-01}}</ref><ref>{{cite web|url=http://www.whitehouse.gov/the-press-office/2010/12/16/president-obama-announces-another-key-administration-post-121610 |title=President Obama Announces Another Key Administration Post, 12/16/10 &#124; The White House |publisher=Whitehouse.gov |date=2010-12-16 |accessdate=2012-09-01}}</ref> Those nominations expired at the end of the 111th Congress.
-In January 2011, President Obama re-nominated Dempsey and Cook.<ref>{{cite web|url=http://www.whitehouse.gov/the-press-office/2011/01/05/presidential-nominations-sent-senate |title=Presidential Nominations Sent to the Senate &#124; The White House |publisher=Whitehouse.gov |date=2011-01-05 |accessdate=2012-09-01}}</ref> In December 2011, the Obama administration announced to revitalize the Board as a check against its proposed cybersecurity policies and measures.<ref>{{cite web|author=Howard A. Schmidt |url=http://www.whitehouse.gov/blog/2011/12/16/protecting-our-values-and-cyberspace-together |title=Protecting Our Values and Cyberspace Together &#124; The White House |publisher=Whitehouse.gov |accessdate=2012-09-01}}</ref> and the President made three more nominations: David Medine, a former associate director of the [[Federal Trade Commission]], as chairman; [[Rachel Brand]], Chief Counsel for Regulatory Litigation at the [[U.S. Chamber of Commerce]] and a former Assistant Attorney General at the United States Department of Justice, as a member; and [[Patricia Wald|Patricia M. Wald]], a former federal appeals-court judge, as a member.<ref>{{cite web|url=http://www.whitehouse.gov/the-press-office/2011/12/15/president-obama-announces-more-key-administration-posts |title=President Obama Announces More Key Administration Posts &#124; The White House |publisher=Whitehouse.gov |date=2011-12-15 |accessdate=2012-09-01}}</ref>
+In December 2010, President [[Barack Obama]] nominated two persons to the Board: Dempsey, and [[Elisebeth Collins Cook]], a former Assistant Attorney General at the U.S. Department of Justice and, at the time, a partner in a Chicago law firm.<ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2010/12/17/nominations-sent-senate |title=Nominations Sent to the Senate &#124; The White House |date=2010-12-17 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170509/https://obamawhitehouse.archives.gov/the-press-office/2010/12/17/nominations-sent-senate |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref><ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-more-key-administration-posts-121610 |title=President Obama Announces More Key Administration Posts, 12/16/10 &#124; The White House |date=2010-12-16 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170509/https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-more-key-administration-posts-121610 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref><ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-another-key-administration-post-121610 |title=President Obama Announces Another Key Administration Post, 12/16/10 &#124; The White House |date=2010-12-16 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170507/https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-another-key-administration-post-121610 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref> Those nominations expired at the end of the 111th Congress.
+In January 2011, President Obama re-nominated Dempsey and Cook.<ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2011/01/05/presidential-nominations-sent-senate |title=Presidential Nominations Sent to the Senate &#124; The White House |date=2011-01-05 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170233/https://obamawhitehouse.archives.gov/the-press-office/2011/01/05/presidential-nominations-sent-senate |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref> In December 2011, the Obama administration announced to revitalize the Board as a check against its proposed cybersecurity policies and measures.<ref>{{cite web |author=Howard A. Schmidt |url=https://obamawhitehouse.archives.gov/blog/2011/12/16/protecting-our-values-and-cyberspace-together |title=Protecting Our Values and Cyberspace Together &#124; The White House |access-date=2012-09-01 |archive-date=2017-01-23 |archive-url=https://web.archive.org/web/20170123052616/https://obamawhitehouse.archives.gov/blog/2011/12/16/protecting-our-values-and-cyberspace-together |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |date=16 December 2011 |url-status=live }}</ref> and the President made three more nominations: David Medine, a former associate director of the [[Federal Trade Commission]], as chairman; [[Rachel Brand]], Chief Counsel for Regulatory Litigation at the [[U.S. Chamber of Commerce]] and a former Assistant Attorney General at the United States Department of Justice, as a member; and [[Patricia Wald|Patricia M. Wald]], a former federal appeals-court judge, as a member.<ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2011/12/15/president-obama-announces-more-key-administration-posts |title=President Obama Announces More Key Administration Posts &#124; The White House |date=2011-12-15 |access-date=2012-09-01 |archive-date=2017-01-24 |archive-url=https://web.archive.org/web/20170124145047/https://obamawhitehouse.archives.gov/the-press-office/2011/12/15/president-obama-announces-more-key-administration-posts |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref>
-On August 2, 2012, the Senate confirmed Dempsey, Brand, Cook, and Wald,<ref>{{cite web|author=Michael Daniel, Danny Weitzner and Quentin Palfrey |url=http://www.whitehouse.gov/blog/2012/08/03/senate-confirms-four-nominees-privacy-civil-liberties-board |title=Senate Confirms Four Nominees to Privacy & Civil Liberties Board &#124; The White House |publisher=Whitehouse.gov |date=2012-08-03 |accessdate=2012-09-01}}</ref> but did not act upon the nomination of David Medine to be chair at that time.
+On August 2, 2012, the Senate confirmed Dempsey, Brand, Cook, and Wald,<ref>{{cite web |author=Michael Daniel, Danny Weitzner and Quentin Palfrey |url=https://obamawhitehouse.archives.gov/blog/2012/08/03/senate-confirms-four-nominees-privacy-civil-liberties-board |title=Senate Confirms Four Nominees to Privacy & Civil Liberties Board &#124; The White House |date=2012-08-03 |access-date=2012-09-01 |archive-date=2017-02-17 |archive-url=https://web.archive.org/web/20170217163749/https://obamawhitehouse.archives.gov/blog/2012/08/03/senate-confirms-four-nominees-privacy-civil-liberties-board |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref> but did not act upon the nomination of David Medine to be chair at that time.
-=== 2013, independent agency begins work ===
-In January 2013, the White House re-nominated David Medine as chair,<ref>[http://www.whitehouse.gov/the-press-office/2013/01/22/presidential-nominations-sent-senate Presidential Nominations Sent to the Senate] The White House, January 22, 2013</ref> and the Senate confirmed him on May 7, 2013 in a 53–45, party-line vote.<ref>[https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=1&vote=00114 On the Nomination (Confirmation David Medine, of Maryland, to be Chairman and Member of the Privacy and Civil Liberties Oversight Board )] U.S. Senate Roll Call Votes 113th Congress, U.S Senate, May 7, 2013</ref>
-On July 9, 2013, the Board held its first public workshop and its first substantive hearing on November 4, 2013.<ref name=mclatchy>{{cite web|author=Ali Watkins|title=NSA Cites stop and frisk|url=http://www.mcclatchydc.com/2013/11/04/207478/nsa-official-cites-stop-and-frisk.html|publisher=McClatchy|date=November 2013|accessdate=9 January 2014}}</ref>
-=== 2014 report on mass surveillance ===
+=== 2013: Independent agency begins work ===
+In January 2013, the White House re-nominated David Medine as chair,<ref>[https://obamawhitehouse.archives.gov/the-press-office/2013/01/22/presidential-nominations-sent-senate Presidential Nominations Sent to the Senate] {{Webarchive|url=https://web.archive.org/web/20170216161542/https://obamawhitehouse.archives.gov/the-press-office/2013/01/22/presidential-nominations-sent-senate |date=2017-02-16 }} The White House, January 22, 2013</ref> and the Senate confirmed him on May 7, 2013 in a 53–45, party-line vote.<ref>[https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=1&vote=00114 On the Nomination (Confirmation David Medine, of Maryland, to be Chairman and Member of the Privacy and Civil Liberties Oversight Board )] {{Webarchive|url=https://web.archive.org/web/20180925090307/https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=1&vote=00114 |date=2018-09-25 }} U.S. Senate Roll Call Votes 113th Congress, U.S Senate, May 7, 2013</ref>
+On July 9, 2013, the Board held its first public workshop and its first substantive hearing on November 4, 2013.<ref name=mclatchy>{{cite web|author=Ali Watkins|title=NSA Cites stop and frisk|url=http://www.mcclatchydc.com/2013/11/04/207478/nsa-official-cites-stop-and-frisk.html|publisher=McClatchy|date=November 2013|access-date=9 January 2014|archive-date=9 January 2014|archive-url=https://web.archive.org/web/20140109151620/http://www.mcclatchydc.com/2013/11/04/207478/nsa-official-cites-stop-and-frisk.html|url-status=live}}</ref>
+=== 2014: Report on mass surveillance ===
 {{Main|Privacy and Civil Liberties Oversight Board report on mass surveillance}}
-On January 23, 2014, the board released its first report. It was the first comprehensive review of the [[NSA warrantless surveillance (2001–07)|NSA warrantless surveillance]] program instituted under the Patriot Act, after Edward Snowden had released classified documents from the NSA.<ref name="accessnow1">{{cite web|url=https://www.accessnow.org/blog/2014/01/23/us-privacy-oversight-board-slams-legality-usefulness-bulk-data-collection |title=US privacy oversight board slams legality & usefulness bulk data collection |publisher=Accessnow.org |date=January 23, 2014 |accessdate=February 1, 2014 |author1=Micek, Peter |author2=Ben-Avie, Jochai |author3=Fox, Jon}}</ref><ref name="pclob1">{{cite web|last=Medine |first=David |url=https://www.pclob.gov/library/215-Report_on_the_Telephone_Records_Program.pdf|title=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 |publisher=pclob.gov |date=2014-12-05 |pages=238 |accessdate=2014-10-24}}</ref> It includes reviews of classified information and briefings with officials from the Department of Justice, FBI, NSA, and CIA.<ref name="pclob1" />
+On January 23, 2014, the board released its first report. It was the first comprehensive review of the [[NSA warrantless surveillance (2001–07)|NSA warrantless surveillance]] program instituted under the Patriot Act, after Edward Snowden had released classified documents from the NSA.<ref name="accessnow1">{{cite web|url=https://www.accessnow.org/blog/2014/01/23/us-privacy-oversight-board-slams-legality-usefulness-bulk-data-collection |title=US privacy oversight board slams legality & usefulness bulk data collection |publisher=Accessnow.org |date=January 23, 2014 |access-date=February 1, 2014 |author1=Micek, Peter |author2=Ben-Avie, Jochai |author3=Fox, Jon}}</ref><ref name="pclob1">{{cite web |last=Medine |first=David |url=https://www.pclob.gov/library/215-Report_on_the_Telephone_Records_Program.pdf |title=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 |publisher=pclob.gov |date=2014-12-05 |pages=238 |access-date=2014-10-24 |archive-date=2017-08-28 |archive-url=https://web.archive.org/web/20170828203122/https://www.pclob.gov/Library/215-Report_on_the_Telephone_Records_Program.pdf |url-status=live }}</ref> It includes reviews of classified information and briefings with officials from the Department of Justice, FBI, NSA, and CIA.<ref name="pclob1" />
-The report found two main problems with the NSA's surveillance program: that it "lacks a viable legal foundation"<ref name="accessnow1" /><ref>{{cite web|author=Spencer Ackerman in Washington |url=https://www.theguardian.com/world/2014/jan/23/us-privacy-boards-dissenters-nsa-surveillance-balance |title=US privacy board dissenters defend balancing act of NSA surveillance |work=The Guardian |date=2014-01-23 |accessdate=2014-02-01}}</ref> that there is, "little evidence that […] NSA's bulk collection of telephone records actually have yielded material counterterrorism results that could not have been achieved without the NSA's Section 215 program."<ref name="slate1">{{cite web|last=Abdo |first=Alex |url=http://www.slate.com/blogs/future_tense/2014/01/24/pclob_nsa_surveillance_report_three_things_you_need_to_know.html |title=PCLOB NSA surveillance report: Three things you need to know |work=Slate |date=2014-01-24 |accessdate=2014-02-01}}</ref>
+The report found two main problems with the NSA's surveillance program: it "lacks a viable legal foundation"<ref name="accessnow1" /><ref>{{cite web |author=Spencer Ackerman in Washington |url=https://www.theguardian.com/world/2014/jan/23/us-privacy-boards-dissenters-nsa-surveillance-balance |title=US privacy board dissenters defend balancing act of NSA surveillance |work=The Guardian |date=2014-01-23 |access-date=2014-02-01 |archive-date=2014-02-01 |archive-url=https://web.archive.org/web/20140201104131/http://www.theguardian.com/world/2014/jan/23/us-privacy-boards-dissenters-nsa-surveillance-balance |url-status=live }}</ref> and there is "little evidence that […] NSA's bulk collection of telephone records actually have yielded material counterterrorism results that could not have been achieved without the NSA's Section 215 program."<ref name="slate1">{{cite web |last=Abdo |first=Alex |url=http://www.slate.com/blogs/future_tense/2014/01/24/pclob_nsa_surveillance_report_three_things_you_need_to_know.html |title=PCLOB NSA surveillance report: Three things you need to know |work=Slate |date=2014-01-24 |access-date=2014-02-01 |archive-date=2014-01-29 |archive-url=https://web.archive.org/web/20140129213746/http://www.slate.com/blogs/future_tense/2014/01/24/pclob_nsa_surveillance_report_three_things_you_need_to_know.html |url-status=live }}</ref>
 The PCLOB report argued that the legal basis for NSA surveillance programs in Section 215 of the Patriot Act, allows only the FBI to collect bulk data for investigations and that the NSA is not directly permitted to do so. The report found that the NSA's reliance on a 2004 [[FISA Court|Foreign Intelligence Surveillance Act (FISA) court]] opinion approving the bulk collection of Internet metadata does not correctly apply to the situation: "The government should not base an ongoing program affecting the rights of Americans on an interpretation of a statute that is not apparent from a natural reading of the text".<ref name="pclob1" />
@@ Line 84: / Line 92: @@
 The report noted that although the FISA court was designed to hear cases regarding foreign surveillance, FISA does not provide a mechanism for the court to allow non-governmental parties to provide arguments against government surveillance proposals or otherwise participate in court proceedings.<ref name="pclob1" /> As a result, there are very few appeals of FISA court decisions.
-The PCLOB report recommended that the US end bulk data collection and that the FISA court judges' decision making "would be greatly enhanced if they could hear opposing views when ruling on requests to establish new surveillance programs"<ref name="pclob1" /> to increase public confidence in intelligence and surveillance programs. It recommended that the government should attempt to promote more transparency to inform public debate on technology, national security, and civil liberties. To do this, to declassify the rulings and opinions of the FISA court and that a Special Advocate board should be formed in the FISA court. These measures would allow citizens to bring up surveillance concerns in court, challenge government surveillance proposals, and help keep the proceedings of the court more transparent.
+The PCLOB report recommended that the US end bulk data collection and that the FISA court judges' decision making "would be greatly enhanced if they could hear opposing views when ruling on requests to establish new surveillance programs"<ref name="pclob1" /> to increase public confidence in intelligence and surveillance programs. It recommended that the government should promote more transparency to inform public debate on technology, national security, and civil liberties. Among other things, the board recommended that the FISA court should declassify its rulings and opinions of the FISA court and establish a Special Advocate board should be formed. These measures would allow citizens to bring up surveillance concerns in court, challenge government surveillance proposals, and help keep the proceedings of the court more transparent.{{Citation needed|date=February 2021}}
 ==Current members==
+As of September 2022:
 {| class="wikitable"
 |-
 ! Name !! Position !! Term expires
 |-
-| Adam Klein || Chair || January 29, 2024
+| Sharon Bradford Franklin || Chair || January 29, 2024
 |-
-| Edward Felten || Member || January 29, 2025
+| [[Beth Ann Williams]] || Member || January 29, 2026
 |-
-| Jane Nitze || Member || January 29, 2023
+| [[Edward Felten]] || Member || January 29, 2025
 |-
-| Travis LeBlanc || Member || January 29, 2022
+| Travis LeBlanc || Member || January 29, 2028
 |-
-| Aditya Bamzai || Member || January 29, 2026
+| Richard DiZinno || Member || January 29, 2023
 |}
-==Criticism ==
+== Criticism ==
 Some people initially viewed the PCLOB with skepticism, since the board was convened to protect the American public against privacy intrusions by their own government.<ref name=mclatchy/> Under the board's statute, only the Chairperson is a full-time employee and has the power to hire staff. Since Medine was not confirmed until May 7, 2013, it was not until after that time that the Board was finally able to begin to engage in any substantial projects.
-==Proposals to strengthen==
+==Proposals to strengthen the Board==
+In 2015, [[Ron Wyden]] (D-OR) in the Senate and [[Tulsi Gabbard]] (D-HI-2) in the House spearheaded, along with co-sponsors [[Tom Udall]] (D-NM) and [[Trey Gowdy]] (R-SC-4), the Strengthening Privacy, Oversight, and Transparency (SPOT) Act,<ref>{{Cite web |last=Gabbard |first=Tulsi |date=2015-06-26 |title=Related Bills - H.R.2305 - 114th Congress (2015-2016): SPOT Act |url=https://www.congress.gov/bill/114th-congress/house-bill/2305/related-bills |access-date=2019-12-27 |website=www.congress.gov}}</ref> to, as Udall stated, strengthen the PCLOB and "significantly improve the oversight and accountability of the nation's intelligence community to protect Americans' constitutional rights."<ref>{{Cite news |title=Lawmakers want to expand role of government privacy watchdog |language=en-US |newspaper=Washington Post |url=https://www.washingtonpost.com/news/the-switch/wp/2014/09/23/lawmakers-want-to-expand-role-of-government-privacy-watchdog |access-date=2022-05-01 |issn=0190-8286}}</ref><ref>{{Cite web |title=Udall Bill Would Strengthen Ability of Privacy Oversight Board to Protect Americans' Constitutional Rights {{!}} U.S. Senator Tom Udall of New Mexico |url=https://www.tomudall.senate.gov/news/press-releases/udall-bill-would-strengthen-ability-of-privacy-oversight-board-to-protect-americans-and-039-constitutional-rights |access-date=2019-12-27 |website=www.tomudall.senate.gov |language=en}}</ref>
-The House bill H.R. 3523: Cyber Intelligence Sharing and Protection Act of 2011, known as [[CISPA]], proposed that the PCLOB issue annual reports on the civil liberties and privacy impact of CISPA's provisions for the sharing of "cyber threat" information and intelligence between the government and private companies. It would have made PCLOB responsible for reporting on privacy and civil liberty intrusions under its information sharing program. The bill died in Congress.<ref>{{cite web|author=Rep. Michael “Mike” Rogers [R-MI8] |url=http://www.govtrack.us/congress/bills/112/hr3523 |title=Cyber Intelligence Sharing and Protection Act (H.R. 3523) |publisher=GovTrack.us |accessdate=2012-09-01}}</ref>
+In 2017, the House bill H.R. 3523, the Cyber Intelligence Sharing and Protection Act ([[CISPA]]) of 2011, proposed that the PCLOB issue annual reports on the civil liberties and privacy impact of CISPA's provisions for the sharing of "cyber threat" information and intelligence between the government and private companies. It would have made PCLOB responsible for reporting on privacy and civil liberty intrusions under its information sharing program. The bill died in Congress.<ref>{{cite web |author=Rep. Michael “Mike” Rogers [R-MI8] |url=http://www.govtrack.us/congress/bills/112/hr3523 |title=Cyber Intelligence Sharing and Protection Act (H.R. 3523) |publisher=GovTrack.us |access-date=2012-09-01 |archive-date=2019-04-03 |archive-url=https://web.archive.org/web/20190403150629/https://www.govtrack.us/congress/bills/112/hr3523 |url-status=live }}</ref>
 ==See also==
 * [[Title 6 of the Code of Federal Regulations]]
 * [[President's Intelligence Advisory Board]]
+* [[Civil Liberties Protection Officer]] (ODNI CLPO)
 * [[Mass surveillance in the United States]]
@@ Line 121: / Line 133: @@
 ==External links==
+{{Commons category|Privacy and Civil Liberties Oversight Board}}
-* {{Official website|http://www.pclob.gov/}}
+* {{Official website|https://www.pclob.gov/}}
 * [https://www.federalregister.gov/agencies/privacy-and-civil-liberties-oversight-board Privacy and Civil Liberties Oversight Board] in the [[Federal Register]]
+* [https://www.ecfr.gov/current/title-6/chapter-X 6 CFR Chapter X] of the [[Code of Federal Regulations]] from the [[Office of the Federal Register|OFR]]
 *[http://www.fas.org/sgp/crs/misc/RS22078.pdf CRS report for Congress with more information]
 *[http://c-spanvideo.org/videoLibrary C-SPAN Video Library]: Privacy and Civil Liberties Oversight Board
@@ Line 130: / Line 144: @@
 *{{webarchive |url=https://web.archive.org/web/20090122234722/http://www.whitehouse.gov/administration/eop/pclob/ |date=January 22, 2009 |title=White House website }}
+{{United States intelligence agencies}}
-{{authority control}}
+{{Authority control}}
 [[Category:Independent agencies of the United States government]]

Authority control databases
International	VIAF
National	United States