Defining "Foreign Affairs" in Section 702 of the FISA Amendments Act: The Virtues and Deficits of Post-Snowden Dialogue on U.S. Surveillance Policy

The revelations of Edward Snowden about government intelligence collection and surveillance have spurred a national conversation about surveillance. Both government and civil liberties advocates, although they differ on the cost of Snowden's disclosures, agree that this conversation has in some...

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Bibliographic Details
Published inWashington and Lee law review Vol. 72; no. 3; p. 1283
Main Author Margulies, Peter
Format Journal Article
LanguageEnglish
Published Lexington Washington & Lee University, School of Law 01.07.2015
Subjects
Advocacy
Amicus curiae
Cooperation
Diplomacy
Foreign Intelligence Surveillance Act 1978-US
Foreign policy
Institutionalization
Intelligence gathering
Intelligence services
Neutrality
Presidents
Privacy
Proxies
Reforms
Right of privacy
Studies
Surveillance
United States > US
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Summary:The revelations of Edward Snowden about government intelligence collection and surveillance have spurred a national conversation about surveillance. Both government and civil liberties advocates, although they differ on the cost of Snowden's disclosures, agree that this conversation has in some respects been beneficial. In this brief essay, the author examines the virtues and limits of that conversation, with respect to a particular statutory provision: the definition of "foreign intelligence information" in § 702 of the FISA Amendments Act of 2008 (FAA) as including information with "respect to a foreign power" relating to the "conduct of the foreign affairs" of the US. The exact parameters of the surveillance authorized by this language are admittedly unclear. However, privacy advocates -- despite their sincerity -- have not advanced the conversation in their approach to this issue. A more nuanced dialogue is necessary; this essay seeks to further that process.
ISSN:0043-0463
1942-6658