Single-member surveillance watchdog backs 702 powers, raising independence questions

A staff report from the Privacy and Civil Liberties Oversight Board praises the value of Section 702 of FISA, though all but one of the board's members were removed last year.

Apr. 2, 2026 at 7:26pm

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A fragmented, overlapping painting of a government building or political symbol in shades of blue, grey, and red, conveying the divisive politics and lack of independent oversight surrounding the government's surveillance authorities.A fractured, abstract illustration reflects the partisan tensions and lack of oversight surrounding the government's surveillance powers.NYC Today

A staff report produced under the government's top surveillance oversight watchdog largely praises the value of a controversial spying authority set to lapse later this month, raising concerns from civil liberties groups who question the validity of the findings. Last year, President Donald Trump pushed for three Democrats serving on the Privacy and Civil Liberties Oversight Board to resign from their posts, leaving just one Republican, Beth Williams, as the sole board member.

Why it matters

The report examines Section 702 of the Foreign Intelligence Surveillance Act, which allows the FBI, NSA and others to collect communications of foreigners abroad without a warrant. The law remains controversial because it can incidentally sweep up Americans' communications, raising concerns among critics about compliance with the Fourth Amendment.

The details

The report says that declining FBI searches for Americans' information within Section 702 data may reflect hesitation that could affect detection of threats against the nation, a notable emphasis for a watchdog that has historically focused on misuse of the authority. Civil liberties advocates were quick to point out their issues with the report, stating that the board was designed to be multi-member and independent, but is now a 'BethCLOB report' due to the Trump administration's gutting of the panel.

  • The authority is set to expire April 20 unless renewed by Congress.
  • In 2024, lawmakers reauthorized the program for two years, adopting a number of reforms focused largely on FBI compliance with targeting procedures.
  • The FBI has acknowledged that it improperly used Section 702, specifically admitting to searching for information on individuals involved in the January 6, 2021, U.S. Capitol riot, as well as people arrested during 2020 racial justice protests following the police killing of George Floyd.

The players

Beth Williams

The sole remaining member of the Privacy and Civil Liberties Oversight Board, who was appointed by former President Donald Trump.

Donald Trump

The former president who pushed for three Democrats serving on the Privacy and Civil Liberties Oversight Board to resign from their posts, leaving just one Republican, Beth Williams, as the sole board member.

Kia Hamadanchy

Senior policy counsel at the American Civil Liberties Union, who criticized the report as a 'product of a single member hostile to civil liberties concerns who above all else prioritizes supporting the administration and intelligence community'.

Jake Laperruque

Deputy director of the Center for Democracy and Technology's Security and Surveillance Project, who referred to the report as a 'BethCLOB report' and stated that it is 'not a real PCLOB report'.

Ron Wyden

A Democratic senator from Oregon and longtime privacy advocate who sits on the Senate Intelligence Committee, who criticized the report as being produced by a former Trump appointee who 'just put out a report that says Trump needs to do more warrantless spying on Americans'.

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What they’re saying

“The board was designed to be multi-member and an independent institution. This is neither, given the PCLOB was gutted by the Trump administration. The report is a product of a single member hostile to civil liberties concerns who above all else prioritizes supporting the administration and intelligence community. It should not be taken seriously.”

— Kia Hamadanchy, Senior policy counsel, American Civil Liberties Union

“This is not a real PCLOB report, it's a BethCLOB report. The basic concept of the board was a multi-member and an independent institution; this is neither.”

— Jake Laperruque, Deputy director, Center for Democracy and Technology's Security and Surveillance Project

“Donald Trump illegally fired members of the Privacy and Civil Liberties Oversight Board — now the only board member left is a former Trump appointee. She just put out a report that says Trump needs to do more warrantless spying on Americans. No one should fall for it.”

— Ron Wyden, U.S. Senator, Oregon

What’s next

Congress will need to decide whether to renew Section 702 of the Foreign Intelligence Surveillance Act before it expires on April 20, 2026.

The takeaway

This report from a single-member oversight board raises serious questions about the independence and impartiality of the government's surveillance watchdog, at a time when the controversial Section 702 authority is up for renewal. Civil liberties advocates argue the report prioritizes intelligence community interests over protecting Americans' privacy rights.