The Coming Fight Over American Surveillance

But no threat of any kind is required to conduct surveillance under Section 702. The law permits surveillance of any foreigner abroad, as long as a significant purpose of the surveillance is to acquire “foreign intelligence information.” FISA defines this term extremely broadly to include any “information related to . . . the conduct of U.S. foreign affairs.” A conversation between friends about whether the United States should do more to support Ukraine would justify surveillance under this definition.

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