NSA surveillance reform: Achieving a better balance

[Commentary] As of this writing, the most likely option over the coming weekend (May 29-31) is for the Senate to concede and pass the House USA Freedom Act before the deadline (though even this solution might be upended by objections from Sen Rand Paul (R-KY)). If, however, the deadlock remains and Congress must go back to the drawing board, what follows are suggestions for improvement of the House bill.

If the opportunity presents itself, some of the weakening provisions conceded to the House Intelligence Committee should be revised. Most particularly, amici should be given independent authority to request information, and they should have access, where necessary, to technical specialists. They should also be entitled to all relevant information passed on by the Attorney General. Finally, the broader construction language regarding “novel and significant interpretations of the law” should be reinstated to provide a wider remit for advisory opinions by the amici. These suggestions are made with the understanding that there are no perfect tradeoffs between privacy and security, but in the hope that they better reflect a viable balance.

[Claude Barfield is a former consultant to the Office of the US Trade Representative]