Section 702 is a key provision of the FISA Amendments Act of 2008 that
permits the government to conduct targeted surveillance of foreign persons located outside the United States
, with the compelled assistance of electronic communication service providers, to acquire foreign intelligence information.
When was Section 702 added to FISA?
Section 702 is a surveillance authority passed as part of the FISA Amendments Act in
2008
. That law amended the Foreign Intelligence Surveillance Act of 1978. Section 702 is supposed to do exactly what its name promises: collection of foreign intelligence from non-Americans located outside the United States.
What does section 702 of the Foreign Intelligence Surveillance Act FISA do?
Section 702: Foreign surveillance
Section 702 permits
the Attorney General and the Director of National Intelligence to jointly authorize targeting of persons reasonably believed to be located outside the United States
, but is limited to targeting non-U.S. persons.
What does the FISA Amendments Act do?
The FISA Amendments Act of 2008 is an unconstitutional bill that would significantly modify the Foreign Intelligence Surveillance Act. It
grants sweeping new monitoring powers to the government with little court oversight
, and ensures the dismissal of all pending cases against telecommunication companies.
Is AWS subject to FISA 702?
Even though there is no transfer, the criteria applied by the Court of Justice of the European Union in Schrems II mean that controllers must analyze the level of protection provided to data processing and risk of surveillance by the U.S. authorities under FISA 702 and EO12333 just by virtue of the fact that the EU AWS …
Is Section 215 still in effect?
At midnight on May 31, 2015, Section 215 expired. With the passage of the USA Freedom Act on June 2, 2015 the expired parts of law, including Section 215, were reported broadly as restored and renewed through 2019.
Who is subject to FISA?
Under FISA, anyone who engages in electronic surveillance except as authorized by statute is subject to
both criminal penalties and civil liabilities
. Under 50 U.S.C. § 1811, the President may also authorize warrantless surveillance at the beginning of a war.
What is the 702?
• Section 702 is a key provision of the FISA Amendments Act of 2008 that
permits the government to conduct targeted surveillance of foreign persons located outside the United States
, with the compelled assistance of electronic communication service providers, to acquire foreign intelligence information.
What are the provisions of FISA?
General Provisions
FISA, as amended,
establishes procedures for the authorization of electronic surveillance, use of pen registers and trap and trace devices, physical searches, and business records for the purpose of gathering foreign intelligence
.
What agency made the Protect America Act?
Under the bill, the
director of national intelligence
and the attorney general could authorize the surveillance of all communications involving persons outside the United States (U.S. citizens and non-U.S. citizens).
Is Amazon subject to FISA?
National security requests include National Security Letters (“NSLs”) and court orders issued under the Foreign Intelligence Surveillance Act (“FISA”). …
Amazon is prohibited by law
from reporting the exact number of NSLs and FISA orders it receives.
What is Schrems II?
In 2021, Schrems II – the
landmark data privacy verdict issued
in July 2020 – continues to prevent businesses from carrying out basic data transfers to non-EU countries.
What is the purpose of Executive Order 12333?
Executive Order 12333 was signed by President Ronald Reagan on December 4, 1981. It
established broad new surveillance authorities for the intelligence community, outside the scope of public law
.
Is the Patriot Act still in effect in 2020?
In November 2019, the renewal of the Patriot Act was included in the stop-gap legislation The expired provisions required renewal by March 15, 2020. The Senate passed a 77-day extension in March 2020, but the House of Representatives did not pass the legislation before departing for recess on March 27, 2020.
What does section 215 say?
Section 215 allows
the government to obtain a secret court order requiring third parties
, such as telephone companies, to hand over any records or other “tangible thing” if deemed “relevant” to an international terrorism, Page 2 2 counterespionage, or foreign intelligence investigation.
