Featured Insight & Analysis
Although U.S. persons cannot be targeted under Section 702, their communications with non-U.S. persons can be collected and retained for years. The NSA, CIA, and FBI can query 702-acquired information using a U.S.-person identifier, without a warrant or court order. This loophole allows the government to bypass the Fourth Amendment’s protection against warrantless searches.
State legislators and regulators face unprecedented privacy and security policy issues related to new technologies. Accurate definitions of key technologies, processes, or subject areas, then, are critical to enabling state lawmakers to express their legislative intent, correctly scope implementation of a law, and effectively protect personal privacy. Such definitions should be technically-sound, durable, accurate, and provide options for achieving the intended results of the bill’s author.