191. The "Section 702" Surveillance Program
- Author:
- Adam Klein, Madeline Christian, Matt Olsen, and Tristan Campos
- Publication Date:
- 08-2017
- Content Type:
- Special Report
- Institution:
- Center for a New American Security
- Abstract:
- Section 702 of the Foreign Intelligence Surveillance Act is an important intelligence tool that will expire on December 31, 2017, unless Congress re-authorizes it. Here’s what it is, and how it works. First, a bit of background: The Foreign Intelligence Surveillance Act of 1978 requires the government to get a court order to intercept the electronic messages of a suspected spy or terrorist on U.S. soil. By contrast, overseas spying took place with no court oversight. That made sense for 20th century technology, because international communications rarely transited the United States. The internet made things far more complicated: now, foreigners’ communications often travel through the United States, or are stored on servers here. That produced an anomaly: FISA was forcing the government to apply Fourth Amendment safeguards when a foreign terrorist or spy’s internet messages passed through the U.S.—even though non-Americans overseas do not have Fourth Amendment rights. 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. Section 702 creates a middle ground between U.S.-based surveillance under FISA and overseas surveillance by the NSA.
- Topic:
- International Relations and International Security
- Political Geography:
- Global Focus