>>7457802
>>7457869
"Gives broad power to the Director of National Intelligence"
[COATS]
PROBLEM WITH FISA 1881a
Targeting Non-U.S. Persons Overseas: The first type of target the
government can select for surveillance, governed by 50 U.S.C. § 1881a, is
an overseas person or entity that is not a U.S. person. Here, the FAA gives
the President broad power: “upon the issuance of an order . . . the Attorney
General and the Director of National Intelligence may authorize jointly, for a
period of up to one year from the effective date of the authorization, the
targeting of persons reasonably believed to be located outside the United
States to acquire foreign intelligence information.”47 This provision of the
FAA has perhaps the most sweeping rule-of-law implications. Because this
section of the FAA drastically diminishes the FISC review of intelligence
activity and instead grants broad power to the Director of National Intelligence and the Attorney General, and because this section only requires that
the intelligence agency not “intentionally target a U.S. person,” (and by implication, such a person may be a collateral target of data collection)48 this
provision, in combination with Section 215 of the PATRIOT Act (which covers the method of collecting NSA-collected data)49 has borne the brunt of
the act’s criticism.50
https://harvardlpr.com/wp-content/uploads/sites/20/2014/08/HLP202.pdf
see p. 9