What is Section 702 Data and Why Are Some Privacy Advocates … – Lexology
SECTION 702 DATA SEARCHING WHY IS THERE A PRIVACY CONCERN?
A fight over your data has been raging in Congress, and you probably dont even know. Section 702 is a controversial provision that seemingly has allowed for the search of personal information without warrants or protection under the Fourth Amendment.
SECTION 702 DATA SEARCHING
Section 702 of the Foreign Intelligence Surveillance Act (FISA) grants the government the authority to review and intercept electronic communications of targets unprotected by the Fourth Amendment. This generally means overseas targets, but it has increasingly been alleged to have been used for investigation of American targets.
Raw Section 702 data refers to information and data that naturally flows downstream and through technology giants and Internet companies like Google. This information, which is unredacted, contains all sorts of information on Americans and generally requires extensive permissions to reviewunless youre the Federal Bureau of Investigation (FBI).
Section 702 of FISA grants the FBI the ability to search such data when it is in connection to foreign threats. Regular audits by the Department of Justice, however, appear to indicate that the FBI regularly searches raw Section 702 data without all the proper authorizations. While these audit reports labeled FBI searches as overly broad and not reasonably likely to yield connections to foreign intelligence, they concluded that FBI agents likely misunderstood search parameters as opposed to searching maliciously.
PRIVACY CONCERNS OVER SECTION 702 DATA REVIEW
On the other side of the debate, however, some privacy activists allege that misuse of Section 702 data by the FBI has been routine, growing, and, at its worst, can lead to surveillance based on race, faith, or political leanings. Some opponents allege that it is standard FBI practice to search raw Section 702 data during investigations and prior to the start as routine background surveillance. And while law requires the FBI to secure a court order in criminal matters, it has been revealed that the FBI has failed to do so in the past. Third-party watchdogs suggest that declassified reports appear to show that the FBI conducts thousands of illegal searches of such data annually.
Section 702 was enacted as part of the 2008 amendments to FISA and is currently set for use until December 31, 2023. As such, Congress is slated to vote at the end of this year to renew it. Partisan debate rages fiercely around the topic, and it behooves privacy counsel and civil rights attorneys to monitor the debate.
KEY TAKEAWAYS ON SECTION 702 DATA SEARCHING
Section 702 of FISA allows the FBI to search through certain, raw, private data under certain circumstances, and some privacy advocates are concerned because:
Section 702 data refers to unredacted information that flows downstream from Internet giants like Google;
It is though that such data may be routinely searched by the FBI without warrants; and
Section 702 of FISA is up for vote/reauthorization by Congress at the end of 2023.
Read this article:
What is Section 702 Data and Why Are Some Privacy Advocates ... - Lexology
- Supreme Court to hear arguments in case tied to Fourth Amendment - localnewslive.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WCTV - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox10tv.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WABI - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox8live.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WSAZ - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAVE News - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAFB - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - KY3 - October 17th, 2025 [October 17th, 2025]
- Opinion | To the Fourth Amendment: You Were Great While We Knew You - Common Dreams - October 13th, 2025 [October 13th, 2025]
- Treasury Department surveillance at the southern border faces Fourth Amendment challenges - Reason Magazine - October 9th, 2025 [October 9th, 2025]
- Commentary: The Fourth Amendment will no longer protect you - The Daily Gazette - October 4th, 2025 [October 4th, 2025]
- Establishment Labs Holdings Inc. Enters into Fourth Amendment to Credit Agreement and Guaranty with Oaktree Fund Administration, LLC - MarketScreener - October 4th, 2025 [October 4th, 2025]
- The Fourth Amendment and Immigration Raids: Whats the Law After The Supreme Courts Shadow Docket Ruling? - Stanford Law School - September 25th, 2025 [September 25th, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years - Yahoo - September 21st, 2025 [September 21st, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years -... - September 19th, 2025 [September 19th, 2025]
- The Supreme Court erased the Fourth Amendment by OKing Trumps immigration sweeps - MSNBC News - September 17th, 2025 [September 17th, 2025]
- Listen: Ali Velshi Explains How The Supreme Court Punched a Hole in The Fourth Amendment - The Philadelphia Citizen - September 17th, 2025 [September 17th, 2025]
- Port: We do not have Fourth Amendment rights if the government can punish us for exercising them - InForum - September 11th, 2025 [September 11th, 2025]
- North Carolina city declares itself a Fourth Amendment Workplace amid immigrant fears - Greensboro News and Record - September 9th, 2025 [September 9th, 2025]
- Prof Brandon Garrett reviews Orin Kerrs The Digital Fourth Amendment Lawfire - Sites@Duke Express - September 6th, 2025 [September 6th, 2025]
- Short Circuit 389 | On Walden Fourth Amendment - The Institute for Justice - August 18th, 2025 [August 18th, 2025]
- Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens - Reason Magazine - August 6th, 2025 [August 6th, 2025]
- 'The Fourth Amendment is nothing new': Judge torches Trump admin for using 'apparent race or ethnicity' to conduct immigration raids in California,... - July 14th, 2025 [July 14th, 2025]
- ICE detainee to appear in Missoula court arguing about violation of Fourth Amendment and racial profiling - FOX 28 Spokane - July 12th, 2025 [July 12th, 2025]
- The Fourth Amendment and Sport: Holding, Offsides, and Illegal Contact Dont Always Happen on the Field of Play - The National Law Review - June 24th, 2025 [June 24th, 2025]
- Listen for Free to the First Hour of "The Digital Fourth Amendment" - Reason Magazine - June 20th, 2025 [June 20th, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Yahoo - May 22nd, 2025 [May 22nd, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Reason Magazine - May 19th, 2025 [May 19th, 2025]
- Revised Version of "Data Scanning and the Fourth Amendment" - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Fourth Amendment lawsuit: Michigan man claims officials tricked him into waiving rights - MLive.com - May 15th, 2025 [May 15th, 2025]
- Border Patrol to retrain hundreds of California agents on how to comply with the Fourth Amendment - Stocktonia - April 16th, 2025 [April 16th, 2025]
- Two women sue police officer, City of Reno for alleged Fourth Amendment violations - This Is Reno - March 15th, 2025 [March 15th, 2025]
- New Draft Article: "Data Scanning and the Fourth Amendment" - Reason - March 15th, 2025 [March 15th, 2025]
- Examining the Fourth Amendment in a digital world - FOX 5 DC - March 9th, 2025 [March 9th, 2025]
- Geofencing, High Tech Surveillance and the Future of the Fourth Amendment - Law.com - March 9th, 2025 [March 9th, 2025]
- Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests - Reason - February 25th, 2025 [February 25th, 2025]
- The Why Behind the Fourth Amendment Makes One Appreciate the Need, by Matthew Mangino - Creators Syndicate - February 25th, 2025 [February 25th, 2025]
- City of La Crosse settles lawsuit involving three police officers over alleged Fourth Amendment violation - News8000.com - WKBT - February 25th, 2025 [February 25th, 2025]
- Loopholes, DNA Collection and Tech: Does Your Consent as a User of a Genealogy Website Override Another Persons Fourth Amendment Right? - Law.com - February 5th, 2025 [February 5th, 2025]
- Daytona Beachs AI surveillance threatens Fourth Amendment rights - The West Volusia Beacon - February 1st, 2025 [February 1st, 2025]
- Oswego Village Board approves fourth amendment to Reserve at Hudson Crossing redevelopment agreement, second building set for construction in the... - January 27th, 2025 [January 27th, 2025]
- US DOJ Report on Mt. Vernon Police Department Finds highly intrusive strip searches were a gross violation of the Fourth Amendment on an enormous... - December 25th, 2024 [December 25th, 2024]
- Permissibility of Cross-Border Share Swap: Understanding the Fourth Amendment of the NDI Rules and its Implications - SCC Online - November 23rd, 2024 [November 23rd, 2024]
- Does the Fourth Amendment protect smartphone users? - Lewiston Morning Tribune - October 12th, 2024 [October 12th, 2024]
- The Fourth Amendment shouldn't stop once you get up to drone level: Albert Fox Cahn - Fox Business - September 21st, 2024 [September 21st, 2024]
- The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence -... - September 21st, 2024 [September 21st, 2024]
- Gujarat's Proposes Fourth Amendment To Net Metering Regulations For Rooftop Solar Systems Up To 100 KW - SolarQuarter - July 26th, 2024 [July 26th, 2024]
- Nearly 96% of Private Property Is Open to Warrantless Searches, New Study Estimates - Reason - March 15th, 2024 [March 15th, 2024]
- Heres what to do (and not do) if you get pulled over in California. What are my rights? - Yahoo Movies Canada - December 12th, 2023 [December 12th, 2023]
- FBI Seized $86 Million From People Not Suspected Crimes. A Federal Court Will Decide if That's Legal. - Reason - December 12th, 2023 [December 12th, 2023]
- Digital justice: Supreme Court increasingly confronts law and the internet - Washington Times - December 12th, 2023 [December 12th, 2023]
- MCHS goes on lockout after weapons found on campus - Mineral County Independent-News - November 19th, 2023 [November 19th, 2023]
- Cops Stormed Into a Seattle Woman's Home. It Was the Wrong ... - Reason - November 19th, 2023 [November 19th, 2023]
- Ron Wyden, U.S. Senator from Oregon The Presidential Prayer ... - The Presidential Prayer Team - November 19th, 2023 [November 19th, 2023]
- Bill Maher Slams Critics of the West Amid Israel Conflict: Marginalized People Live Better Today Because of Western Ideals (Video) - Yahoo... - November 5th, 2023 [November 5th, 2023]
- Surveillance authority change could harm ability to stop attacks, FBI ... - Roll Call - November 5th, 2023 [November 5th, 2023]
- New York's progressive chief judge joins with conservatives to ... - City & State - November 5th, 2023 [November 5th, 2023]
- Should domestic abusers have gun rights? | On Point - WBUR News - November 5th, 2023 [November 5th, 2023]
- The Biden administrations latest executive order calls for a ... - R Street - November 5th, 2023 [November 5th, 2023]
- DPS Presents Purple Hearts, Medal of Valor and Other Prestigious ... - the Texas Department of Public Safety - November 5th, 2023 [November 5th, 2023]
- Senators Katie Britt and John Kennedy Call for Investigation into ... - Calhoun County Journal - October 15th, 2023 [October 15th, 2023]
- Trump and Section 3 of the Fourteenth Amendment: An Exploration ... - JURIST - October 15th, 2023 [October 15th, 2023]
- Expert Q&A with David Aaron on FISA Section 702 Reauthorization ... - Just Security - October 15th, 2023 [October 15th, 2023]
- A Constitution the Government Evades - Tenth Amendment Center - October 15th, 2023 [October 15th, 2023]
- Imagine If Feds Hunted More Real Terrorists, Not Conservatives - The Federalist - October 15th, 2023 [October 15th, 2023]
- Lake Orion Voters Could Decide Removing TIF Funding for ... - Oakland County Times - August 24th, 2023 [August 24th, 2023]
- A marriage of convenience: Why the pushback against a key spy program could cave in on progressives - Yahoo News - August 24th, 2023 [August 24th, 2023]
- Iowa Public Information Board accepts one complaint against ... - KMAland - August 24th, 2023 [August 24th, 2023]
- Burleigh County weighs OHV ordinance to crack down on reckless ... - Bismarck Tribune - August 8th, 2023 [August 8th, 2023]
- AI targets turnstile jumpers to fight fare evasion, but experts warn of ... - 1330 WFIN - August 8th, 2023 [August 8th, 2023]
- As of July 1, police won't be able to stop people for smell of cannabis - The Baltimore Banner - May 20th, 2023 [May 20th, 2023]
- Baby Ninth Amendments Part V: Real Life, Potpourri, and the Big ... - Reason - May 20th, 2023 [May 20th, 2023]
- COA affirms SVF firearm conviction, finds stop and search by police ... - Indiana Lawyer - May 20th, 2023 [May 20th, 2023]
- BARINGS BDC, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - May 20th, 2023 [May 20th, 2023]
- Column: : Justice, tyrants and the mob (5/19/23) - McCook Daily Gazette - May 20th, 2023 [May 20th, 2023]
- Alabama appeals court reverses murder conviction of Ala. officer ... - Police News - May 20th, 2023 [May 20th, 2023]
- Oakland narrows town manager search to five | West Orange Times ... - West Orange Times & SouthWest Orange Observer - May 20th, 2023 [May 20th, 2023]
- The Durham Report Is Right About the Need for More FBI Oversight - Reason - May 20th, 2023 [May 20th, 2023]
- Hashtag Trending May 19- U.S. government use invasive AI to track refugees; OpenAI releases iOS ChatGPT app; Microsoft bets on nuclear fusion - IT... - May 20th, 2023 [May 20th, 2023]