Bloomberg Law
December 8, 2017, 8:23 PM UTC

Lawsuits Lurk if Foreign Surveillance Law Not Reauthorized

Daniel R. Stoller

Communications providers ordered to assist government efforts to monitor foreigners abroad may bring court challenges if the government proceeds with surveillance without Congress renewing the underlying law, former intelligence officials told Bloomberg Law.

U.S. intelligence and law enforcement authorities, including the National Security Agency and the FBI, rely on the Foreign Surveillance Intelligence Act (FISA) Section 702 to conduct surveillance on communication data of foreigners outside of the U.S. But the authorization ends Dec. 31, and Congress hasn’t reached an agreement to permanently extend the program, reauthorize it with a sunset provision, or enact a stopgap measure to keep the ...

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