The wider the pool of permissible foreign targets, however, the greater the volume of incidental collection. The bill essentially reauthorizes section 702 of the foreign intelligence surveillance act fisa, which allows the us government to collect the communications of foreigners overseas without a. Section 702 of the foreign intelligence surveillance act fisa is a statute that authorizes the collection, use, and dissemination of electronic communications content stored by u. Last week, congress passed a bill to reauthorize section 702 of the foreign intelligence surveillance act for six years. Section 702 of the foreign intelligence surveillance act fisa is up for reauthorization by congress by the end of 2017. An inherent source of conflict in the united states exists between protecting national security and safeguarding individual civil liberties. However, documents leaked by edward snowden revealed that 702 was being used far more heavily than many expected, serving as the legal basis for the. Specifically, in addition to any other limitations imposed by applicable law, including fisa, any communication to or from, or information about, a u. To rein in the nsas collection, monitoring, and searching of u. Faa section 702 certain nonusps reasonably believed to be located overseas faa 702 collectiontargeting.
The fisa court approves the nsas procedures for selecting targets but does not approve. Document regarding the section 702 2018 certification. The foreign intelligence surveillance court today addresses the. Reducing incidental collection under fisa section 702. Nsas implementation offoreign intelligence surveillance act section 702. Section 702 office of the director of national intelligence. Section 702 of fisa, as amended by the fisa amendments act of 2008. The program has helped stop terrorist attacks inside the united states and remove senior isis leaders. Title vii, section 702 of the foreign intelligence. Under section 702, the government is not required to obtain individual surveillance orders from the fisa court. Nsa to conduct acquisitions pursuant to fisa section 702 prohibit the. Report on the surveillance program operated pursuant to.
The uncovering mike rogers investigation, section 702. Based on fisa section 702 collection, cia alerted a foreign partner to the presence within its. Under title i, the government files a detailed application asking the foreign intelligence surveillance court fisc to authorize the electronic surveillance of a facility e. Section 702 title vii, section 702 of the foreign intelligence surveillance act fisa, procedures for targeting certain persons outside the united states other than united states persons 50 u. Edward snowdens surveillance revelations explained. The foreign intelligence surveillance court fisc recently approved minimization procedures that permit the national counterterrorism center. Section 702 of the foreign intelligence surveillance act, july 2, 2014, at 111 hereinafter.
Section 702 of the fisa amendments act allows the government to acquire foreign intelligence by targeting nonu. Section 702 of fisa authorizes a program of surveillance activities targeting nonu. With section 702 set to expire at the end of the year, the house judiciary committee will work in a bipartisan fashion to reauthorize and reform this intelligence gathering program to ensure that it continues to be a critical tool to thwart terrorist attacks. Senate extended the fisa amendments act for five years.
A history of fisa section 702 compliance violations. Foreign intelligence surveillance act fisa of 1978. October 24 2016 rogers verbally informs the fisa court of section 70217 violations. The fisa system was used to spy on members of the trump team during and after the 2016 presidential elections.
Section 702 is a key provision of the fisa amendments act of 2008 that permits the government to conduct targeted. U by approving the certifications submitted by the attorney general and the dni, as well as. The fisa amendments act faa, codified as title vii of the foreign intelligence surveillance act fisa authorizes foreign intelligence surveillance activities that have been vital to keeping the nation safe. Section 702 is the surveillance law that authorizes the government to. The opinions primarily concern the authorization of proposed targeting and minimization procedures to assure that their letter and implementation accord with statute and the fourth amendment. President donald trump threw twitter, and members of congress, into a tizzy thursday morning when he tweeted a backandforth with himself about section 702 of the foreign intelligence. Nsa directorof civillibertiesand privacyoffice report nsa. Section 702 of the fisa amendments act the belfer center for. Section 702 permits the government to acquire foreign intelligence information through the targeting of nonu. National security division american civil liberties union. Information collected under the law without a warrant can be used to prosecute and imprison people, even.
Nsa fact sheet on section 702 of the foreign intelligence. Warrantless surveillance under section 702 of the fisa amendments act. Section 702, a devil of a spy game washington times. The first timeline displays all violations, and the following three timelines provide a more granular look. A hoover institution essay in defense of faa section 702. Nsadirector of civil liberties and privacy office report nsas.
Section 702 and the collection of international telephone. While sometimes perceived as a means to expand the capabilities of the government. In 2008, congress passed a set of updates to the foreign intelligence surveillance act fisa, including section 702 which authorized warrantless surveillance of nonu. Section 702 of the fisa amendments act is up for an eightyear extension. Section 215 the provisions of fisa have been codified under the united states code, and are commonly cited as provisions of the u. Big brother is always watching does not seem so farfetched given the extensive cybersurveillance powers in the world today. Minimization procedures are intended to protect any u. Section 702 is a key provision of the fisa amendments act of 2008 that permits the government to conduct targeted surveillance of foreign persons located. Title vii includes not only section 702, which concerns targeting non. It will sunset on december 31, 2017 unless congress passes legislation to remove or extend the sunset provision.
Pursuant to a foia request from the electronic frontier foundation eff, the fisa court has released 18 redacted opinions regarding fisa section 702. The fisa amendments act also added a new title vii to fisa which contained provisions similar, but not identical, to provisions in the protect america act of 2007 which had expired earlier in 2008. Section 702 of the us foreign intelligence surveillance act fisa, a warrantless surveillance law that underpins two massive internet and telephone monitoring programs, will. Thanks, david and thanks to the heritage foundation for putting on this whole program so. Section 702 of the foreign intelligence surveillance act fisa. Surveillance of foreigners outside the united states under section 702 of the foreign intelligence surveillance act fisa files in this item. At the same time, it provides a comprehensive regime ofoversight by all three branches of government to protect the privacy and civil liberties of u. Senate extends fisa section 702 warrantless surveillance. Section 702 of the foreign intelligence surveillance act fisa is a statute that authorizes the collection, use, and dissemination of electronic communications. The new provisions in title vii of fisa were scheduled to expire on december 31, 2012, but two days before the u. Under section 702 of the foreign intelligence surveillance act fisa, the u. This is a request under the freedom of information act. House judiciary committee chairman bob goodlatte rva.
The fisa court serves as an effective check on the nsas section 702 surveillance powers. For purposes of section 103i2a of the foreign intelligence surveillance act of 1978 50 u. Title vii, section 702 of the foreign intelligence surveillance act fisa. Fisa amendments act of 2008 section 702 summary document. Section 702 allows the nsa to target foreigners overseas and collect their calls and emails including those with americanswithout obtaining a warrant. Section702oftheforeignintelligencesurveillanceactfisa. Fisa section 702, which allows the us government to collect communications without a warrant, is set to expire on december 31.
Foreign intelligence surveillance act of 1978 amendments. The current framing of section 702 is contained in the foreign intelligence surveillance act amendments act of 2008 often referred to as the fisa amendments act or faa. A listing of authorizations made under section 702g of the fisa amendments act which were at some point not reauthorized, the years for which those requests were authorized, and if readily available the basis for their expiration termination of. Title vii, section 702 of the foreign intelligence surveillance act fisa,procedures for targeting certain persons outside the united states other than united states persons 50 u. Example, if you put a date and a phone number and check 17 as the search parameter the user will get the returns of everything about that phone. In response, privacy concerns have mounted both in the u. The cia has access to most data collected under section 702, giving it access to ameri cans sensitive data. Fisa was passed in 1978 after the church committee.
Warrantless surveillance under section 702 of fisa. Section 702 cant be used to surveil american citizens. Section 702 contains a number of statutory protections regarding these. At this point, the fisa court is unaware of the section 702 violations. Surveillance of foreigners outside the united states under.