Warrantless Surveillance Under Section 702 of FISA
Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the U.S. government engages in mass, warrantless surveillance of Americans’ and foreigners’ phone calls, text messages, emails, and other electronic communications. Information collected under the law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Given our nation’s history of abusing its surveillance authorities, and the secrecy surrounding the program, we should be concerned that Section 702 is and will be used to disproportionately target disfavored groups, whether minority communities, political activists, or even journalists.
Section 702 is set to expire at the end of 2023. We call on Congress to significantly reform the law, or allow it to sunset.
ACLU Legal Challenges to Section 702
- Wikimedia Foundation v. NSA
- Amnesty International USA v. Clapper
- United States v. Muhtorov
- United States v. Mohamud (amicus curiae)
- United States v. Hasbajrami (amicus curiae)
What’s Wrong With Section 702
Section 702 allows warrantless surveillance of people inside and outside the U.S.
Despite the fact that the law is not supposed to be used to target Americans, the government has been doing just that for years.
Information collected under Section 702 could be used against you, and you likely wouldn’t know.
Section 702 is used to examine communications flowing in and out of the U.S. in bulk.
Surveillance programs have been abused by the intelligence agencies.
There is little that prevents Section 702 from being used against critics, activists, religious minorities, or communities of color.
The program is not subject to any meaningful judicial oversight.
The government has deliberately chosen to hide the impact of the program from the public.
Section 702 surveillance chills freedom of speech and association.
How Congress Should Reform Section 702
Close the “backdoor search loophole” and narrowing the use of Section 702 information.
Narrow the overbroad scope of Section 702.
Prohibit the mass searching of Americans’ emails and other online communications.
Improve oversight and transparency.
Limit how long the government can retain information collected under Section 702 and how the NSA shares that information with other government agencies.
Ensure that individuals are able to challenge Section 702 surveillance in court.
Stop Mass Warrantless Surveillance: Reform Section 702
Congress can fight back against egregious violations of our privacy by the government. Tell them to take action now.
Source: American Civil Liberties Union
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