28 January 2018

US Corporate Law News: Trump administration extends for six years controversial law allowing US National Security Agency to conduct warrantless surveillance of foreigners abroad


On January 19, 2018, the U.S. government extended for a six-year period (with minimal changes) the application of Section 702 of the Foreign Intelligence Surveillance Amendments Act of 2008 (FISA), which was due to expire January 2018. As a result, the National Security Agency (NSA) may continue to conduct warrantless surveillance of foreigners located outside the U.S. by collecting their internet and phone communications (including communications with U.S. citizens) and share certain types of data collected with other law enforcement agencies. Critics argue that the bill extension allows for continued illegal, warrantless surveillance of U.S. citizens in violation of the Constitution's Fourth Amendment. By enacting FISA Section 702 in 2008, Congress codified the NSA's warrantless surveillance of U.S. citizens' communications abroad, which had begun secretly as part of the U.S. government response to September 11, 2001 attacks. For more information, see https://www.reuters.com/article/us-usa-trump-cyber-surveillance/trump-signs-bill-renewing-nsas-internet-surveillance-program-idUSKBN1F82MK.

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