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Saturday 22 November 2025 04:45:30 GMT
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Lam george :
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Why Congress Must Reform FISA Section 702—and How It Can. Instituting a warrant requirement would protect Americans against abusive searches of their private communications. Enacted shortly after 9/11, Section 702 allows intelligence agencies to collect the phone calls, emails, text messages, and other communications of almost any non-American located outside of the United States without a warrant. Agencies such as the CIA and NSA must ensure that a significant purpose of the collection is to acquire “foreign intelligence,” a term FISA defines expansively to include any information that merely relates to the conduct of foreign affairs.  Otherwise, they face no substantive restrictions. The Foreign Intelligence Surveillance Court (FISC) approves the general rules governing surveillance, but it has no role in approving individual targets.  Section 702 authorizes warrantless surveillance to be targeted only at non-Americans abroad, but Americans’ communications are “inevitably” captured too. The reason is simple: We talk to family, friends, and colleagues who are located abroad, generally for entirely innocent reasons. Recognizing this reality, Congress directed intelligence agencies to “minimize” the retention and use of Americans’ information collected under Section 702. Yet, despite this clear mandate, officials from the FBI, CIA, NSA, and National Counterterrorism Center perform more than 200,000 warrantless “backdoor” searches every year to find and review Americans’ private phone calls, text messages, and emails.
Why Congress Must Reform FISA Section 702—and How It Can. Instituting a warrant requirement would protect Americans against abusive searches of their private communications. Enacted shortly after 9/11, Section 702 allows intelligence agencies to collect the phone calls, emails, text messages, and other communications of almost any non-American located outside of the United States without a warrant. Agencies such as the CIA and NSA must ensure that a significant purpose of the collection is to acquire “foreign intelligence,” a term FISA defines expansively to include any information that merely relates to the conduct of foreign affairs. Otherwise, they face no substantive restrictions. The Foreign Intelligence Surveillance Court (FISC) approves the general rules governing surveillance, but it has no role in approving individual targets. Section 702 authorizes warrantless surveillance to be targeted only at non-Americans abroad, but Americans’ communications are “inevitably” captured too. The reason is simple: We talk to family, friends, and colleagues who are located abroad, generally for entirely innocent reasons. Recognizing this reality, Congress directed intelligence agencies to “minimize” the retention and use of Americans’ information collected under Section 702. Yet, despite this clear mandate, officials from the FBI, CIA, NSA, and National Counterterrorism Center perform more than 200,000 warrantless “backdoor” searches every year to find and review Americans’ private phone calls, text messages, and emails.

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