Intelligence Gathering And FISA Section 702: Lots Of Heat Obscures Important Practical Issues

As heated debate continues over possible changes to the Foreign Intelligence Surveillance Act (FISA), which is poised to expire later this month, we wanted to provide some perspective on a few practical issues. As former DOJ and FBI officials and current advisors to private companies, we are focused on a few things: ensuring the intelligence community can do its vital work, the protections afforded by intelligence operations to U.S. citizens and businesses in a dangerous world, the need to protect the Constitutional rights of Americans, and the need for predictability and clarity for companies that receive legal process under FISA. We have been involved in FISA-related legal and policy issues for years, whether in government reviewing and participating in work under FISA or, for example, filing the bipartisan amicus brief for former Attorneys General supporting the government in prior litigation over the constitutionality of 2008 amendments to FISA.