Senate confirms nominees for long-moribund privacy board — except chairman

, The National Law Journal


The Privacy and Civil Liberties Oversight Board got its first members in five years, when the Senate confirmed on Aug. 2 a former federal appellate judge and three others to provide a safeguard against overzealous government intrusions on privacy during the fight against terrorism.

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What's being said

  • Larry at The Constitution Project

    Although the story accurately notes that the Privacy and Civil Liberties Oversight Board (PCLOB) will not be able to operate at full strength without a chair, the confirmation of four members will allow this long overdue Board finally to come into existence and begin its important work. While Professor Swire is correct that the authorizing statute for PCLOB grants the authority to hire staff to the chair, the law also includes provisions enabling employees at other federal agencies to work for the PCLOB as "detailees," and it grants the Board the authority to hire consultants. Neither of these staffing powers is limited to the chair. It is certainly not ideal to begin operations without a chair and full-time staff, but now that the Board has a quorum, it can and should find a way to begin its vital oversight functions.

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