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Glossary
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Section 702

Section 702 is a part of the Foreign Intelligence Surveillance Act (FISA) that allows the U.S. government to target non-U.S. persons located outside the United States to collect foreign intelligence information. It permits the collection of information, including emails and other communications, from foreign targets.

Example #1

For example, if the government suspects a foreign individual is involved in terrorist activities and communicating with others outside the U.S., Section 702 may allow them to intercept and analyze those communications for national security purposes.

Misuse

Misuse of Section 702 can occur when the surveillance extends beyond its intended scope, leading to the collection of data belonging to U.S. citizens or individuals within the country. This overreach can violate privacy rights and potentially infringe on the Fourth Amendment protection against unreasonable searches and seizures. It is crucial to prevent misuse to safeguard individuals' privacy and civil liberties.

Benefits

One of the benefits of Section 702 is the ability to gather valuable intelligence to protect national security interests. By monitoring communications of foreign targets, law enforcement agencies can uncover and prevent potential threats, such as terrorist activities, before they pose a danger to the country.

Conclusion

In conclusion, while Section 702 can be a powerful tool for gathering foreign intelligence and enhancing national security, it must be used judiciously to avoid infringing on individuals' privacy rights. Safeguards and oversight mechanisms are essential to ensure that the surveillance conducted under this provision remains targeted and within legal boundaries.

Related Terms

Privacy Rights

Last Modified: 4/30/2024
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