Fisa was passed in 1978 after the church committee. Nsa directorof civillibertiesand privacyoffice report nsa. The section 702 surveillance program center for a new. What the fisa amendments act authorizes section 702 authority. Warrantless surveillance under section 702 of fisa. Report on activities under section 702 of the fisa. One of the primary purposes in enacting the faa was the creation of a. A panel of experts from techfreedom, the aclu, r street, and the us naval academy discuss section 702, the controversial warrantless mass. 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. Fisa amendments act of 2008 section 702 summary document. This overtaxed the justice department and made counterterrorism more difficult. To remedy this, congress passed the fisa amendments act of 2008, which included section 702. The fisa amendments act of 2008, also called the faa and foreign intelligence surveillance act of 1978 amendments act of 2008, is an act of congress that amended the foreign intelligence surveillance act.
Sep 14, 2017 section 702 of the us foreign intelligence surveillance act fisa, a warrantless surveillance law that underpins two massive internet and telephone monitoring programs, will expire on december 31. Title vii, section 702 of the foreign intelligence surveillance act fisa, procedures for. Nsi policy paper fisa amendments act reauthorization. Section 702 is a key provision of the fisa amendments act of 2008 that permits the government to conduct targeted. Section 702 of fisa allows intelligence officials to oversee communications of foreigners outside the u. Title vii, section 702 of the foreign intelligence.
Section 702 of the foreign intelligence surveillance act fisa. Ample safeguards of civil liberties warrant fisa section 702s reauthorization by congress. Section 702 of the us foreign intelligence surveillance act fisa, a warrantless surveillance law that underpins two massive internet and telephone monitoring programs, will. Foreign intelligence surveillance act of 1978 amendments act of 2008 or fisa amendments act of 2008 title i. Warrantless surveillance under section 702 of fisa american. Subsection b of such section, as amended by section 103 of public law. Summary as described in more detail below, section 702 permits the government to target for. As explained in the heritage foundations 2016 paper, maintaining americas ability to collect foreign intelligence. 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.
Section 702 of the foreign intelligence surveillance act fisa its illegal and unconstitutional use. Ample safeguards of civil liberties warrant fisa section. The foreign intelligence surveillance act fisa section 702 program collects vast amounts of information some on u. Report on activities under section 702 of the fisa amendments. Fisa surveillance,to includesection702 surveillance,inatrialor otherproceedingagainsta person whose communications werecollected,thegovernment must notify theperson so the. Senate passes fisa section 702 reauthorization cnnpolitics. The foreign intelligence surveillance act, the fisa amendments act faa, section 702, prism, upstream, 50 u. Ample safeguards of civil liberties warrant fisa section 702s. Section 702 is the surveillance law that authorizes the government to. It was supposed to be an efficiency and costsaving measure. One of the primary purposes in enacting the faa was the creation of a new way for the us. Nctc fact sheet foreign intelligence surveillance act section 702 open pdf 35 kb the foreign intelligence surveillance court fisc recently approved minimization procedures that permit the national counterterrorism center nctc to receive certain unevaluated counterterrorism information acquired pursuant to section 702 of the foreign intelligence surveillance act fisa of 1978, as. Congress must shut the backdoor on section 702 surveillance. House could defund warrantless government searches of the database of information collected under section 702 of the foreign intelligence surveillance act fisa.
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 collection of large. The section 702 program, section 702 is a constitutional, lawful, and. The surveillance under 702 is intended to be restricted to nonu. Subsection f of section 702 of the foreign intelligence surveillance act of 1978 50 u. Section 702 of the fisa amendments act the belfer center for. A history of fisa section 702 compliance violations. The foreign intelligence surveillance act, or fisa act, outlines u.
Jan 11, 2018 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. Source document contributed to documentcloud by stephen suen propublica. Nsa fact sheet on section 702 of the foreign intelligence. A history of fisa section 702 compliance violations blog post. In 2008, congress passed a set of updates to the foreign intelligence surveillance act fisa, including section 702 which authorized warrantless surveillance of nonu. 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. Jan 18, 2018 the senate approved a sixyear extension of the controversial section 702 of the foreign intelligence surveillance act on thursday. As the title of that law says, it was billed as a way for the nsa to spy on nonamericans located outside the united states. Big brother is always watching does not seem so farfetched given the extensive cybersurveillance powers in the world today. Foreign intelligence surveillance act of 1978 amendments act. Section 702 of fisa was widely and publicly debated in congress both during the initial passage in 2008 and the subsequent reauthorization in 2012. Section 702 title vii, section 702 of the foreign intelligence. Oct 26, 2017 section 702 of the fisa amendments act is up for an eightyear extension.
Foreign intelligence surveillance act of 1978 amendments. Last week, congress passed a bill to reauthorize section 702 of the foreign intelligence surveillance act for six years. Section 702 was initially passed in 2008, as an amendment to the foreign intelligence surveillance act of 1978. After section 702 reauthorization schneier on security. Nctc fact sheetforeign intelligence surveillance act. National security division american civil liberties union. Thanks, david and thanks to the heritage foundation for putting on this whole program so that we can have a better and more informed. Under fisa section 702, the fisc can approve executive branch certifications for the acquisition of foreign intelligence information15 through the targeting of foreigners16 located abroad. Nsadirector of civil liberties and privacy office report nsas.
To amend the foreign intelligence surveillance act of 1978 to establish a procedure. Under current law, the national security agency nsa could be collecting millions of innocent americans communications each year without a warrant. Section 702 authority themaximum timethatspecificcommunications content or metadatamay beretained. May 22, 2015 the foreign intelligence surveillance act fisa section 702 program collects vast amounts of information some on u. Us warrantless surveillance under section 702 of the.
Thanks, david and thanks to the heritage foundation for putting on this whole program so. The four timelines below display records of compliance violations with section 702 of the foreign intelligence surveillance act read more about section 702. Foreign intelligence surveillance law a man uses headphones while working at the justice ministrys agency for communications capturing in. The senate approved a sixyear extension of the controversial section 702 of the foreign intelligence surveillance act on thursday. This video is archived from surveillance law, first. Section 702, the fourth amendment, and article iii. That law amended the foreign intelligence surveillance act of 1978. It was reauthorized in 2012, again with significant bipartisan support. Congress reauthorization of section 702 of the fisa is an. 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. A breakdown of selected government surveillance programs. Section 702 of the fisa amendments act is up for an eightyear extension. When it comes to section 702, the law cited for prism, the fisa courts role is more limited.
Introduction to faa section 702 compel providers as described in the briefing accompanying this training, in july 2008, congress enacted the foreign intelligence surveillance act of 1978 amendments act of 2008 faa. Section 702 is supposed to do exactly what its name promises. Jan 12, 2018 what is the fisa act, and whats section 702. Section 702, a devil of a spy game washington times. Report on the surveillance program operated pursuant to. Given that the use of fisa 702 results in constitutionally permissible acquisitions, incidental collection of u. The topic of government surveillance in the recent years has been a hot topic for a. With respect to prism, the government cites section 702 of the fisa amendments act, a. Nsa directorof civillibertiesand privacyoffice report nsas. 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.
Under section 702 of the foreign intelligence surveillance act fisa, the u. Nsa fact sheet on section 702 of fisa and section 215 of. Fisc orders for us persons or persons located inside the united states the definitions of electronic surveillance in fisa were not changed. Targeting certain persons outside the united states other than united. In response, privacy concerns have mounted both in the u. Reducing incidental collection under fisa section 702. Almost all of the 1978 law remained intact, and section 702 of faa is best understood as an exception to fisa for such targets. Section 702 of the foreign intelligence surveillance act fisa is a statute that authorizes the collection, use, and dissemination of electronic communications. The foreign intelligence surveillance court fisc recently approved minimization procedures that permit the national counterterrorism center. The four timelines below display records of compliance violations with section 702 of the foreign intelligence surveillance act read more about section 702 here. The topic of government surveillance in the recent years has been a. Warrantless surveillance law proves its time to take privacy into our own hands feb 27.
Information collected under the law without a warrant can be used to prosecute and imprison people, even. 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 collection of. 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. Even though section 702 does not allow the intentional surveillance of u. Ample safeguards of civil liberties warrant fisa section 702. Jan 26, 2018 last week, congress passed a bill to reauthorize section 702 of the foreign intelligence surveillance act for six years. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism. Section 702 overview office of the director of national intelligence. The first timeline displays all violations, and the following three timelines provide a more granular look at separate categories of violations. Section 702 is a surveillance authority passed as part of the fisa amendments act in 2008.
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