Foreign Intelligence Surveillance Act (FISA)

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This study discusses Section 702 of Foreign Intelligence Surveillance Act (FISA), formally known as “Procedures for Targeting Certain Persons Outside the United States Other than United States Persons” (codified as 50 U.S.C. § 1881a). Section 702 authorizes the National Security Agency (NSA) to target non-U.S. persons who are reasonably believed to be located outside the United States.
President Jimmy Carter signed FISA into law in 1978, which established a judicially-approved process for conducting four types of electronic surveillance against foreign entities or their agents operating in the United States (Hearing, 2017, 2). The US government continues to use FISA for this purpose. FISA has frequently been amended to maintain and enhance a comprehensive statutory framework for gathering foreign intelligence. For example, the USA Patriot Act amended FISA in 2001, the Protect America Act of 2007 completely revised FISA in
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FAA added Title VII (which included Section 702) to FISA in 2008. In enacting Section 702, Congress essentially legalized the NSA’s existing warrantless surveillance program, which focuses on the monitoring of overseas Internet communications to acquire foreign intelligence related to espionage or terrorism. The New York Times had disclosed the NSA’s warrantless surveillance program in 2005. The program was reportedly discontinued in 2007. A large number of individuals or organizations brought legal action against telecommunications firms, which alleged that the Bush administration had unlawfully surveilled their telephone calls or email Supporters of the provision claimed that the section created a new, more streamlined procedure to gather the communications of foreign terrorists. In response

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