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Section 702 Protections

Section 702 Protections

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Published by Kevin Collier
From http://www.nsa.gov/public_info/_files/press_releases/section_702_protections.pdf
From http://www.nsa.gov/public_info/_files/press_releases/section_702_protections.pdf

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Published by: Kevin Collier on Jun 25, 2013
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07/13/2013

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1
Section 702Title VII, Section 702 of the Foreign Intelligence Surveillance Act (FISA), “Procedures forTargeting Certain Persons Outside the United States Other Than United States Persons” (50U.S.C. sec. 1881a)
x
 
This authority allows only the targeting, for foreign intelligence purposes, of communications of foreign persons who are located abroad.
x
 
The government may not target any U.S. person anywhere in the world under thisauthority, nor may it target a person outside of the U.S. if the purpose is to acquireinformation from a particular, known person inside the U.S.
x
 
Under this authority, the Foreign Intelligence Surveillance Court annually reviews“certifications” jointly submitted by the U.S. Attorney General and Director of NationalIntelligence.
x
 
These certifications define the categories of foreign actors that may be appropriatelytargeted, and by law, must include specific targeting and minimization procedures adoptedby the Attorney General in consultation with the Director of National Intelligence andapproved by the Court as consistent with the law and 4
th
Amendment to the Constitution.
x
 
There must be a valid, documented foreign intelligence purpose, such as counterterrorism,for each use of this authority. All targeting decisions must be documented in advance.
x
 
The Department of Justice and the Office of the Director of National Intelligence conducton-site reviews of targeting, minimization, and dissemination decisions at least every 60days.
x
 
The Foreign Intelligence Surveillance Court must approve the targeting and minimizationprocedures, which helps ensure the protection of privacy and civil liberties.
x
 
These procedures require that the acquisition of information is conducted, to the greatestextent reasonably feasible, to minimize the acquisition of information not relevant to theauthorized foreign intelligence purpose.
x
 
Any inadvertently acquired communication of or concerning a U.S. person must bepromptly destroyed if it is neither relevant to the authorized purpose nor evidence of acrime.
x
 
If a target who was reasonably believed to be a non-U.S. person outside of the U.S. eitherenters the U.S. or was in fact a U.S. person at the time of acquisition, targeting must beimmediately terminated.

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