The Coming Fight Over American Surveillance

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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Congressional Rep Who Discovered His Info Was Illegally Searched By The FBI Likely Has No Legal Remedy

from the but-this-is-the-system-Congress-wants…. dept

The FBI has long enjoyed its close relationship with the NSA… or at least the NSA’s collections. Data and communications collected under the NSA’s Section 702 program contain plenty of “incidental” snooping on Americans. That’s because even though it’s a foreign-facing collection, Americans who communicate with people outside of the United States are swept up in the dragnet.

Congressional Rep Who Discovered His Info Was Illegally Searched By The FBI Likely Has No Legal Remedy

Well that’s unfortunate. If only he were part of some kind of body that had the power to change the law.” [1]

Spying In Plain Sight

Last week, the Biden administration asked Congress to permit its agents to continue to spy on Americans without search warrants. The actual request was to re-authorize Section 702 of the Foreign Intelligence Surveillance Act of 1978. FISA requires warrants from the FISA Court for all domestic spying. Section 702 is a 2008 amendment to FISA. It expressly authorizes warrantless spying of foreign persons.

Spying In Plain Sight