Is section 702 still in effect?
Asked by: Miss Amanda Witting PhD | Last update: August 14, 2025Score: 4.9/5 (53 votes)
What is section 702 and how does it work?
FISA Section 702 is an indispensable tool in the FBI's efforts to protect against national security threats. It authorizes the targeted collection of foreign intelligence information from non-U.S. persons located abroad. Section 702 will expire on December 31, 2023, unless Congress takes action to reauthorize it.
Does FISA 702 require a warrant?
The result was the FISA Amendments Act of 2008, of which Section 702 was a key component. As noted, Section 702 allows the government to collect foreign targets' communications without a warrant, even if they may be communicating with Americans.
What is the 702 bill passed by Congress?
In 2008, Congress enacted Section 702 of the Foreign Intelligence Surveillance Act (FISA), a critical intelligence collection authority that enables the Intelligence Community (IC) to collect, analyze, and appropriately share foreign intelligence information about national security threats.
Is section 702 constitutional?
Court rules FISA Section 702 surveillance of US resident was unconstitutional.
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What is the new Rule 702?
The amendment makes clear that the sufficiency of the basis of an expert's testimony is to be decided under Rule 702. Rule 702 sets forth the overarching requirement of reliability, and an analysis of the sufficiency of the expert's basis cannot be divorced from the ultimate reliability of the expert's opinion.
Was section 702 reauthorized?
“This reauthorization of Section 702 gives the United States the authority to continue to collect foreign intelligence information about non-U.S. persons located outside the United States, while at the same time codifying important reforms the Justice Department has adopted to ensure the protection of Americans' ...
Did Assembly bill 702 pass?
California: AB 702 Officially Dead – Please Thank the Committee Today! California Assembly Bill 702, which originally sought to regulate all breeders and was then amended to become a “Dog and Cat Bill of Rights” has not met the deadline for committee consideration and is now officially dead.
What companies are subject to FISA 702?
Section 702 of the Foreign Intelligence Surveillance Act (FISA) is a statute that authorizes the collection, use, and dissemination of electronic communications content stored by U.S. internet service providers (such as Google, Facebook, and Microsoft) or traveling across the internet's “backbone” (with the compelled ...
What is House bill 702?
Today the U.S. House of Representatives voted 273–147 to pass a bill reauthorizing Section 702 of the Foreign Intelligence Surveillance Act for a period of two years and expanding the government's surveillance powers.
Is FISA illegal?
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.
Can the FBI search without a warrant?
Without a warrant, no government agent can search your home or office without your consent, and you have the right to refuse to let him or her in. But in emergencies (like when a person is heard inside calling for help) officers can enter and search without a warrant.
Is FISA a secret court?
Secrecy. Because of the sensitive nature of its business, the court is a "secret court" – its hearings are closed to the public. While records of the proceedings are kept, they also are unavailable to the public, although copies of some records with classified information redacted have been made public.
Does Section 702 require a warrant?
Law360 (January 23, 2025, 7:53 PM EST) -- Courts generally need a warrant to use the backdoor known as Section 702 to search through an American's communications, a New York federal judge has ruled in an opinion that the American Civil Liberties Union is calling the "first of its kind."
Has the Patriot Act expired?
These provisions were modified and extended until 2019 by the USA Freedom Act, passed in 2015. In 2020, efforts to extend the provisions were not passed by the House of Representatives, and as such, the law has expired.
What is Section 702 directive?
Section 702 is a targeted foreign intelligence collection program, where the targets must be non- U.S. persons reasonably believed to be located outside the United States and expected to possess, communicate, or receive foreign intelligence information.
Is section 702 effective?
Section 702 has resulted in the identification and disruption of hostile foreign actors' attempts to recruit spies in the United States or send their operatives to the United States.
Who does FISA 702 apply to?
Non-U.S. persons, Located abroad, Who are expected to possess, receive, or communicate foreign intelligence information. Congress enacted Section 702 to address a collection gap that resulted from the evolution of technology in the years after FISA was passed in 1978.
What is the FISA 702 Cloud Act?
The text was amended in 2008 to include Section 702, which allows American intelligence agencies to collect, use, and share foreign personal data stored on servers managed by U.S.-based cloud service providers—a situation some describe as “mass surveillance.”
Did Assembly Bill 256 pass?
Bill Start
An act to amend Sections 4000, 5204, and 40225 of the Vehicle Code, relating to vehicles. [ Approved by Governor October 04, 2023. Filed with Secretary of State October 04, 2023. ]
What is the FISA bill?
The Foreign Intelligence Surveillance Act of 1978 (FISA) regulates certain types of foreign intelligence collection including certain collection that occurs with compelled assistance from U.S. telecommunications companies.
Did Assembly Bill 89 pass?
[ Approved by Governor September 30, 2021.
When was section 702 enacted?
Congress first passed Section 702 in 2008 after the post-9/11 investigations exposed a communications gap between foreign and domestic intelligence units.
What is the Risa Act 2024?
“The RISA Act will bring meaningful change to surveillance operations that protects us against adversarial threats in addition to safeguarding our civil liberties. This bill also increases transparency in surveillance applications and will hold government employees accountable who violate the authorities in FISA.”
Does FISA apply to US citizens?
The Department of Justice must apply to the FISC to obtain a warrant authorizing electronic surveillance of foreign agents. For targets that are U.S. persons (U.S. citizens, permanent resident aliens, and U.S. corporations), FISA requires heightened requirements in some instances.