
"Section 702 was intended to modernize foreign surveillance of the internet for national security purposes. It allows collection of foreign intelligence from non-Americans located outside the United States by requiring U.S.-based companies that handle online communications to hand over data to the government. As the law is written, the intelligence community (IC) cannot use Section 702 programs to target Americans, who are protected by the Fourth Amendment's prohibition on unreasonable searches and seizures."
"The irresponsible 2024 reauthorization of the secretive mass surveillance authority Section 702 not only gave the government two more years of unconstitutional surveillance powers, it also made the policy worse. But, now people who value privacy and the rule of law get another bite at the apple. With expiration for Section 702 looming in April 2026, we are starting to see the emergence of proposals for how to reauthorize the surveillance authority."
"EFF has always had a consistent policy: Section 702 should not be reauthorized absent major reforms that will keep this tactic of foreign surveillance from being used as a tool of mass domestic espionage. We live in an increasingly globalized world where people are constantly in communication with people overseas."
Section 702 of the Foreign Intelligence Surveillance Act Amendments Act of 2008 authorizes collection of foreign intelligence from non-Americans outside the United States by requiring U.S.-based companies to provide data to the government. While the law prohibits targeting Americans protected by the Fourth Amendment, it permits collection methods that intentionally sweep in Americans' communications when targeting foreign intelligence. The 2024 reauthorization extended this authority for two more years without meaningful reforms. With Section 702 set to expire in April 2026, proposals for reauthorization are emerging. The Electronic Frontier Foundation advocates that Section 702 should not be reauthorized without major reforms to prevent its use as a tool for mass domestic surveillance.
Read at Electronic Frontier Foundation
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