The Foreign Intelligence Surveillance Act (FISA) has drawn significant recent attention due to the debate over the reauthorization of one of the more controversial provisions, as well as some Congressional concerns about the nature and scope of surveillance generally under FISA. Some of those Congressional concerns, including use of the information that has been gathered under FISA by law enforcement, were addressed in current Senate bill that will be the the 2018 reauthorization. Moreover, certain practices that had been discontinued—about collection under Section 702—appear to have new life, if certain actions are taken by the Executive Branch. Overall, while one can debate the nature of the protections, and whether the right compromises were made, the reauthorization attempted to preserve privacy protections while simultaneously preserving a collection authority that the Intelligence Community believes is critical to stopping national security threats to the U.S.
Read more in Andrew Serwin’s Bloomberg BNA article.