Foreign Intelligence Surveillance Act Section 702: The Good, The Bad, and a Proposal to Make it Less Ugly

Authors

Kevin Burns

Abstract

Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) has been controversial since its inception. Created to allow intelligence collection against targeted foreign persons, electronic surveillance under Section 702 casts a wide net, often capturing communications sent to or by United States persons. Opponents point to the invasion of privacy such collection presents, and to the well-documented abuse and biased use of Section 702 data against U.S. citizens. This Note argues that despite this, Section 702 is a vital tool in the fight against terrorism and drug trafficking and the case against Section 702 is weaker than it appears. This Note offers a minor revision to Section 702 that would address many of the privacy concerns found in Section 702 while preserving the ability of the intelligence agencies to effectively use the collected data.

Recommended Citation

Kevin Burns, Foreign Intelligence Surveillance Act Section 702: The Good, The Bad, and a Proposal to Make it Less Ugly, 34 Fordham Intell. Prop. Media & Ent. L.J. 689 (2024).
Available at: https://ir.lawnet.fordham.edu/iplj/vol34/iss3/4