The NSA’s foreign surveillance: 5 things to know – PCWorld
A contentious piece of U.S. law giving the National Security Agency broad authority to spy on people overseas expires at the end of the year. Expect heated debate about the scope of U.S. surveillance law leading up to Dec. 31.
One major issue to watch involves the way the surveillance treats communications from U.S. residents. Critics say U.S. emails, texts, and chat logs -- potentially millions of them -- are caught up in surveillance authorized bySection 702of the Foreign Intelligence Surveillance Act (FISA).
U.S. residents who communicate with foreign targets of the NSA surveillance have their data swept up in what the NSA calls "incidental" collection. The FBI can then search those communications, but it's unclear how often that happens.
A primer on Section 702:
Section 702 of FISA is the authorization the NSA needs to run programs like Prism and Upstream, revealed in 2013 by former agency contractor Edward Snowden. The U.S. intelligence community has called Section 702 surveillance its "most important tool" in its fight against terrorism, noted Representative Bob Goodlatte, a Virginia Republican, during a March 1 congressional hearing.
Section 702 surveillance is "critical" in the U.S. governments fight against terrorism, added April Doss, a lawyer at the NSA for 13 years.
At the agency, "I had the opportunity to witness firsthand the critical importance of robust intelligence information in supporting U.S. troops and in detecting terrorist plans and intentions that threatened the safety of the U.S. and its allies," she said in testimony March 1.
In the Prism program, the NSA and FBI allegedly gained access to the servers of Google, Facebook, Microsoft, Yahoo, and other internet companies as a way to collect audio, video, emails, and other content.
Upstream collectionallegedly involved the NSA intercepting telephone and internet traffic by tapping internet cables and switches.
Under 702, FISA allows the U.S. attorney general and the director of national intelligence to authorize "the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information." The U.S.Foreign Intelligence Surveillance Court reviews the targeting and minimization procedures adopted by the government and determines whether they comport with the statutory restrictions and the Fourth Amendment to the U.S. Constitution.
The Office of the Director of National Intelligence (ODNI) says it conducts its surveillance with the "knowledge of the service provider," although several internet companies have denied cooperating with the NSA.
Doss and other defenders of Section 702 surveillance say that it's targeted, not so-called "bulk" surveillance. But the descriptions of both Prism and Upstream from the Snowden leaks and subsequent government descriptions suggest the surveillance is widespread. The intelligence community has long arguedthe legal definition of "bulk" surveillance is very specific.
The NSA also collected U.S. telephone records for several years under a separate program. The NSA and the FBI pointed to a different provision of FISA, Section 501, as authorization for the controversial metadata collection program. Congress curtailed the phone metadata collection program in the USA Freedom Act, passed in mid-2015.
Congress is certain to extend the surveillance authority in some form, even though many tech companies and privacy groups are pushing lawmakers to rein in the NSAs surveillance programs, both in the U.S. and abroad.
Most lawmakers see value in extending Section 702, although many Democrats and some Republicans have talked about ending or limiting the ability of the FBI and other intelligence agencies to search for U.S. communications swept up in the surveillance.
Given that Section 702 is one of the main authorizations for the NSA to conduct foreign surveillance, not even the most ardent privacy advocates believe Congress will let the provision expire.
Section 702 prohibits the NSA from targeting people inside the U.S., but the agency, in "incidental" collection, gathers information from U.S. residents who are communicating with the agencys overseas targets.
The law then allows the FBI and other intelligence agencies to search those U.S. communications for evidence of crimes, including crimes not connected to terrorism. Many digital rights groups, along with some lawmakers, want to end this so-called backdoor search of Section 702 records.
This collection of U.S. communications without a warrant is, "in a word, wrong," Representative John Conyers Jr., a Michigan Democrat, said during the March 1 hearing.
Details about the incidental collection are fuzzy. Going back to 2011, lawmakers have repeatedly asked for numbers of U.S. residents affected but have received no details from the ODNI.
In addition to the incidental collection of U.S. residents' communications, privacy advocates complain about an expansive surveillance of foreigners allowed under Section 702.
The provision allows the NSA to collect foreign intelligence information from "anyone" outside the U.S. not just suspected agents of foreign powers, said Greg Nojeim, senior counsel at the Center for Democracy and Technology. "Intelligence information" is also defined broadly, he said.
"Once you remove that, it's open season on many foreigners who pose no threat to U.S. national security," he added.
House members, in their March 1 hearing, talked little about the impact on people outside the U.S. At this point, it seems unlikely that U.S. lawmakers will limit the provisions foreign data collection.
Privacy advocates have an ace up their sleeves, however. Several privacy groups have encouraged the European Union to get involved in the debate and threaten to revoke Privacy Shield, the cross-Atlantic agreement that allows U.S. companies to handle EU residents'data, unless significant changes are made to 702.
The European Commission "has made it clear that it takes seriously its obligations to review the Privacy Shield Agreement," said Nathan White, senior legislative manager at Access Now, a digital rights group.
EU nations understand surveillance is can be necessary, but "surveillance must respect human rights," White added. "Surveillance doesnt trump human rights responsibilities."
The U.S. intelligence communitys surveillance programs have stirred up new controversies in recent weeks. In early March, President Donald Trump, in a series of tweets, accused former President Barack Obama of wiretapping Trump Tower in New York City during the last presidential campaign.
While Trump has provided no evidence of the bombshell charge, it appears that the NSA intercepted some of his campaign staffers' communications when they talked to foreign surveillance targets. That type of surveillance would likely be authorized by Section 702.
A few days later, WikiLeaks published more than 8,700 documents that it says came from the CIA. The documents describe the spy agency's efforts to compromise iPhone, Android devices, smart TVs, automobile software, and major operating systems.
The CIA, however, runs separate surveillance programs from the NSA. CIA surveillance is supposed to be focused on specific foreign targets, as opposed to the widespread surveillance that the NSA does under the authority of Section 702. The CIA says it is "legally prohibited from conducting electronic surveillance targeting individuals here at home, including our fellow Americans."
More:
The NSA's foreign surveillance: 5 things to know - PCWorld
- NSA employee sues Trump administration over order on transgender rights and two 'immutable' genders - Yahoo - December 22nd, 2025 [December 22nd, 2025]
- NSA employee sues the Trump administration over transgender rights and 'immutable' genders - AP News - December 22nd, 2025 [December 22nd, 2025]
- Senior official at Indo-Pacific Command is set to be Trumps pick to lead Cyber Command, NSA - The Record from Recorded Future News - December 22nd, 2025 [December 22nd, 2025]
- NSA employee sues the Trump administration over transgender rights and 'immutable' genders - Temple Daily Telegram - December 22nd, 2025 [December 22nd, 2025]
- Potential NSA, Cyber Command leader nomination transmitted to Senate - Nextgov/FCW - December 22nd, 2025 [December 22nd, 2025]
- After Eight Months, White House Names Nominee To Head NSA And CYBERCOM - Defense Daily - December 22nd, 2025 [December 22nd, 2025]
- Fubara Hosts NSA, Says Tinubu Happy With Rivers Governor - TVC News - December 22nd, 2025 [December 22nd, 2025]
- CISA, NSA warn of Chinas BRICKSTORM malware after incident response efforts - The Record from Recorded Future News - December 10th, 2025 [December 10th, 2025]
- CISA and NSA Warn of BRICKSTORM Malware Attacking VMware ESXi and Windows Environments - CybersecurityNews - December 10th, 2025 [December 10th, 2025]
- NSA, CISA, and Others Release Guidance on Integrating AI in Operational Technology - National Security Agency (.gov) - December 4th, 2025 [December 4th, 2025]
- NSA has met 2,000-person workforce reduction goal, people familiar say - Nextgov/FCW - December 4th, 2025 [December 4th, 2025]
- NSA Doval, Thai Foreign Minister Phuangketkeow discuss maritime security, threats of online scams - The Indian EYE - December 4th, 2025 [December 4th, 2025]
- NSA Doval, Thai FM discuss maritime security, threats of online scams - Awaz The Voice - December 4th, 2025 [December 4th, 2025]
- All-clear issued about 2 hours after NSA Naples schools evacuated over potential threat - Stars and Stripes - November 18th, 2025 [November 18th, 2025]
- 'Dhurandhar': R Madhavan reveals Aditya Dhar's little trick that perfected his NSA-inspired look for the - The Times of India - November 18th, 2025 [November 18th, 2025]
- Army officer with Indo-Pacific experience emerges as potential Cyber Command, NSA pick - The Record from Recorded Future News - November 18th, 2025 [November 18th, 2025]
- NSA Dr Rahman to attend Security Conclave in New Delhi - United News of Bangladesh - November 18th, 2025 [November 18th, 2025]
- Man claims NSA told him to shatter glass at AT&T building with hatchet, Nashville police say - WSMV - November 18th, 2025 [November 18th, 2025]
- How the heartbreaking lack of a confirmed leader is impacting CYBERCOM and NSA - Breaking Defense - November 7th, 2025 [November 7th, 2025]
- Goa invokes NSA for three months to tackle anti-socials - The Times of India - November 7th, 2025 [November 7th, 2025]
- CISA, NSA and other unveil security blueprint to harden Microsoft Exchange servers - Homeland Preparedness News - November 7th, 2025 [November 7th, 2025]
- NSA Shares Q3 Revenue Results Below Expectations - GuruFocus - November 7th, 2025 [November 7th, 2025]
- Filipinos aware of civilian supremacy over military NSA Ao - Philippine News Agency - October 28th, 2025 [October 28th, 2025]
- Sonam Wangchuk says his words were twisted to justify his NSA detention - The Statesman - October 26th, 2025 [October 26th, 2025]
- Nokia and stc pioneer the first commercial 5G NSA Cloud RAN deployment in the MEA region - ZAWYA - October 26th, 2025 [October 26th, 2025]
- China accuses NSA of multi-year hack targeting its national time systems - Nextgov/FCW - October 23rd, 2025 [October 23rd, 2025]
- Cybersecurity News: AWS outage, NSA hacking accusations, High risk WhatsApp automation - CISO Series - October 23rd, 2025 [October 23rd, 2025]
- Hackers Say They Have Personal Data of Thousands of NSA and Other Government Officials - Homeland Security Today - October 23rd, 2025 [October 23rd, 2025]
- AWS outage, NSA hacking accusations, High risk WhatsApp automation - LinkedIn - October 23rd, 2025 [October 23rd, 2025]
- Palestinian President Mahmoud Abbas: No Concessions Were Made In The Oslo Accords 1.85 Million Palestinians Returned To Their Homeland;... - October 23rd, 2025 [October 23rd, 2025]
- NSA to partner JKG to drive sports technology through Artificial Intelligence - GhanaWeb - October 23rd, 2025 [October 23rd, 2025]
- China claims NSA hacked its national timing systems using 42 "special cyber weapons" - TechSpot - October 23rd, 2025 [October 23rd, 2025]
- US NSA alleged to have launched a cyber attack on a Chinese agency - csoonline.com - October 21st, 2025 [October 21st, 2025]
- Hackers Say They Have Personal Data of Thousands of NSA and Other Government Officials - 404 Media - October 21st, 2025 [October 21st, 2025]
- China says it has foiled a series U.S. cyberattacks on its critical infrastructure Ministry of State Security says it has 'irrefutable evidence' NSA... - October 21st, 2025 [October 21st, 2025]
- China claims the NSA conducted cyberattacks on its national time center - Engadget - October 21st, 2025 [October 21st, 2025]
- China claims the US NSA conducted cyberattacks on its national time center - TechRadar - October 21st, 2025 [October 21st, 2025]
- Donald Trump's ex-NSA John Bolton indicted; charged over mishandling classified information; Trump calls - Times of India - October 19th, 2025 [October 19th, 2025]
- Trump critic and former NSA adviser John Bolton indicted on classified documents charges - MLive.com - October 19th, 2025 [October 19th, 2025]
- NSA Accused of Stealing Secrets from Chinas National Time Centre - Modern Diplomacy - October 19th, 2025 [October 19th, 2025]
- Ex-Donald Trump NSA John Bolton Indicted: All About The 18 Charges - NDTV - October 19th, 2025 [October 19th, 2025]
- Explained: What are the charges against ex-US NSA John Bolton? What next? - Firstpost - October 19th, 2025 [October 19th, 2025]
- Former Trump NSA John Bolton Indicted On 18 Counts For Sharing Classified Information - Republic World - October 19th, 2025 [October 19th, 2025]
- Ex-Trump NSA Bolton charged with storing, sharing classified information - Business Standard - October 17th, 2025 [October 17th, 2025]
- Lt. Gen. William Hartman, acting leader of NSA and Cyber Command, will not be nominated for the dual-hat role - POLITICO Pro - October 17th, 2025 [October 17th, 2025]
- Shaping health futures together: NSA engagement for EPW2 and Ageing is Living - World Health Organization (WHO) - October 17th, 2025 [October 17th, 2025]
- Trump's ex-NSA John Bolton indicted over sharing US defence secrets: Was his email hacked by Iran? - WION - October 17th, 2025 [October 17th, 2025]
- John Bolton Indicted: What are the Charges Against Trump's Former NSA? - Times Now - October 17th, 2025 [October 17th, 2025]
- China infrastructure hacks are 'unrestricted warfare' against America, former NSA director says - Washington Times - October 15th, 2025 [October 15th, 2025]
- Children were scared to sleep outside, many stopped going to schools: Why NSA was invoked against a rape accused in UPs Bhadohi - The Indian Express - October 15th, 2025 [October 15th, 2025]
- Chinas Capacity to Hack the U.S. Is Growing, Former NSA and Retired Gen. Tim Haugh Warns - Homeland Security Today - October 15th, 2025 [October 15th, 2025]
- Ousted NSA head Gen. Tim Haugh on his firing by the Trump administration - CBS News - October 13th, 2025 [October 13th, 2025]
- China's capacity to hack the U.S. is growing, former NSA head says. Here's what they're targeting and why. - CBS News - October 13th, 2025 [October 13th, 2025]
- China is hacking America's critical infrastructure, former NSA and retired Gen. Tim Haugh warns - CBS News - October 13th, 2025 [October 13th, 2025]
- John Bolton, Former US NSA And Trump Critic, May Face Federal Charges Soon: Report - News18 - October 13th, 2025 [October 13th, 2025]
- Acting US Cyber Command, NSA chief wont be nominated for the job, sources say - The Record from Recorded Future News - October 11th, 2025 [October 11th, 2025]
- Exclusive: DOJ seeking criminal charges against Trump's former NSA John Bolton - Yahoo - October 11th, 2025 [October 11th, 2025]
- NSA boss explains how revenue from Ghana-Mali game will be shared - GhanaWeb - October 11th, 2025 [October 11th, 2025]
- NSA rolls out digital skills, military training and smart reforms - GBC Ghana Online - October 9th, 2025 [October 9th, 2025]
- Overheated Solar Panel Batteries Caused Fire at NSA Chiefs Residence - liberianobserver.com - October 9th, 2025 [October 9th, 2025]
- NSA Doval meets Brazilian counterpart to review cooperation in strategic areas | Latest News India - Hindustan Times - October 4th, 2025 [October 4th, 2025]
- Red Hat allegedly hit by huge breach exposing major organizations, including the NSA - Cybernews - October 2nd, 2025 [October 2nd, 2025]
- NSA officer injured after Maryland man drives through checkpoint, rams multiple police vehicles - WMAR 2 News Baltimore - September 30th, 2025 [September 30th, 2025]
- Why should officials not be fined: HC on illegal NSA arrest - The Times of India - September 30th, 2025 [September 30th, 2025]
- SKM demands to release Sonam Wangchuk, revoke imposition of NSA - The Times of India - September 30th, 2025 [September 30th, 2025]
- Seoul's NSA reportedly says S.Korea unable to pay $350b upfront in investment in US for tariff deal; weaponizing alliance exposes nature of US... - September 30th, 2025 [September 30th, 2025]
- 'Delhi banega Khalistan': Freed Khalistani terrorist out on bail in Canada threatens India, targets NSA A - The Times of India - September 30th, 2025 [September 30th, 2025]
- Two Days After His Detention Under NSA, Sonam Wangchuks Wife Says She Is Yet to Speak to Him - The Wire India - September 30th, 2025 [September 30th, 2025]
- Sonam Wangchuk detained under NSA: What to know about National Security Act - The Indian Express - September 28th, 2025 [September 28th, 2025]
- Evercore ISI Raises PT on National Storage Affiliates Trust (NSA) to $32, Maintains an Underperform Rating - Yahoo Finance - September 28th, 2025 [September 28th, 2025]
- Sonam Wangchuk Arrested under NSA: Ladakh admin explains why he was moved to Jodhpur jail - Mint - September 28th, 2025 [September 28th, 2025]
- NSA whistleblower Reality Winner on rebuilding her life in new memoir - MSN - September 21st, 2025 [September 21st, 2025]
- Assessing the Valuation of National Storage Affiliates Trust (NSA) After Recent Share Price Moves - simplywall.st - September 19th, 2025 [September 19th, 2025]
- NSA Warns iPhone And Android UsersClose All Apps If You See This - Forbes - September 17th, 2025 [September 17th, 2025]
- US' Ex-NSA John Bolton: Trump Should Call Modi, Fix Relations, And Visit India For QUAD Summit' - Times of India - September 17th, 2025 [September 17th, 2025]
- 'Come To India': Ex-NSA's Words Of Wisdom To Trump On Tariff, Indo-US Ties - Times of India - September 17th, 2025 [September 17th, 2025]
- Video NSA whistleblower Reality Winner on rebuilding her life in new memoir - ABC News - September 17th, 2025 [September 17th, 2025]
- Former US NSA calls India proud and strong, criticises Trumps India strategy - The Shillong Times - September 17th, 2025 [September 17th, 2025]
- Video | Ex-US NSA's Explosive Interview: 'Navarro Keeps Picking Fights' - NDTV - September 15th, 2025 [September 15th, 2025]
- NSA, EFCC, DSS urged to probe alleged funding of bandits in Zamfara - The Guardian Nigeria News - September 15th, 2025 [September 15th, 2025]