Cato Podcast The Surveillance Program Congress Can't Quit
Apr 21, 2026
A deep dive into 18 years of warrantless surveillance under FISA Section 702. They trace the program’s post‑9/11 origins and how Congress tried to legitimize it. The conversation covers how collection and database searches sweep up Americans’ data and why the secret court process is flawed. They outline realistic reform options and the political fight over reauthorization.
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Stellar Wind Started Mass Surveillance After 9/11
- The program began as a secret NSA order called Stellar Wind hours after 9/11 and monitored US-Afghanistan communications.
- James Risen and Eric Lichtblau at the New York Times exposed the program in December 2005, revealing broad monitoring of Americans.
702 Acts As A Digital Vacuum Cleaner For Backbones
- Section 702 lets the government vacuum internet backbone traffic into NSA databases and then perform post facto searches.
- That post-collection searching lets agencies access Americans' stored communications without an individual probable-cause warrant.
NSA Hasn't Tried To Segregate Foreign Traffic Technically
- The NSA has never tried to technologically distinguish foreign-to-foreign traffic from foreign-to-U.S. traffic despite recommendations.
- Patrick Eddington argues a mandated technical solution could segregate foreign-only traffic and reduce U.S. person collection.