Under the 2008 FISA Amendments Act, Section 702 allows U.S. intelligence agencies to conduct surveillance on persons overseas they believe to be potential threats. But the government is forbidden from collecting intelligence via Section 702 on persons “reasonably believed” to be within the U.S. or even a U.S. person outside of U.S. borders. Critics say there’s reason to believe U.S. persons are often incidentally the target of investigations and that the secrecy surrounding intelligence operations allows it to happen en masse. Section 702 is set to expire Dec. 31, and whether Congress renews it wholesale or with increased privacy provisions may have a broader impact on international agreements like the Privacy Shield, for example, which is already on shaky ground. In this episode of The Privacy Advisor Podcast, Angelique Carson, CIPP/US, travels to American University to talk to law professor Jennifer Daskal about what she thinks might happen on or before Dec. 31.
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