Congress Considers Reform to Queries of FISA Information as Reauthorization Deadline Approaches [January 8, 2018] [open pdf - 471KB]
"Title VII of the Foreign Intelligence Surveillance Act (FISA) is currently scheduled to sunset on January 19, 2018. Of the expiring provisions, Section 702, which authorizes 'programmatic' surveillance of non-U.S. persons while they are outside of the United States, has received the greatest amount of attention, possibly because Section 702 provides the Attorney General (AG) and Director of National Intelligence (DNI) more leeway to authorize surveillance than other FISA provisions. Generally, before the AG and DNI may authorize electronic surveillance under Title VII, the Foreign Intelligence Surveillance Court (FISC) must issue an order finding, inter alia, that probable cause exists to believe that the target of the proposed surveillance is a foreign power or an agent of a foreign power. Pursuant to Section 702, however, the AG, in consultation with the DNI, develop targeting and minimization procedures to identify targets and acquire communications, which they submit to the FISC for approval. The AG and DNI also certify to the FISC that surveillance of a target will comply with Section 702, including the proposed targeting and minimization procedures."
CRS Legal Sidebar, LSB10050
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html