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For the second time in three years, Section 702 of the Foreign Intelligence Surveillance Act (FISA) is poised to expire. Section 702 authorizes U.S. intelligence agencies to obtain the communications of non-U.S. persons who are reasonably believed to be outside the U.S. to obtain “foreign intelligence information.” 50 U.S.C. §1881a(i). The foreign intelligence information currently authorized by the Foreign Intelligence Surveillance Court (FISC) for collection is focused on specific categories: counterterrorism, foreign governments, countering proliferation, and international counternarcotics. The FISC plays an important role in reviewing certifications made to it by both the Attorney General and the Director of National Intelligence and regularly reviews agency compliance.
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