• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind

2

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

3

Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem

1

The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind

2

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

3

Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem
TechFISA

President Trump Set to Sign FISA Surveillance Law: What That Means for You

Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
January 18, 2018, 4:23 PM ET
Add Fortune on Google for similar content.

The Senate on Thursday voted narrowly to renew a law that permits intelligence agencies like the NSA and the FBI to tap into data from companies like AT&T and Google without a warrant.

President Trump is expected to sign the measure by the end of the week.

The law is controversial because the surveillance program, although aimed at foreigners, has resulted in the U.S. government monitoring the communications of Americans—including email and chat histories—without the sign-off of a judge. Proponents say privacy concerns are overblown and the program is an essential anti-terrorist tool.

But what exactly does the law, known as Section 702 of the FISA Amendments Act, allow the government to do? Here’s a plain English explanation.

What does the law allow the government to do?

It forces Internet companies like Google and Facebook to share data with the agencies and let them carry out searches of their users’ communications. The data includes everything from texts to email to browsing history. In practice this means the NSA and FBI collect and search a massive database containing hundreds of millions or billions of records.

A second part of the program authorizes the spy agencies to tap into overseas Internet cables run by companies like AT&T, and extract phone and data communications.

How can they do all this without a warrant?

Normally, the government would have to get a judge’s permission by showing probable cause to carry out such a search. But the ostensible targets under Section 702 are not Americans—they’re foreigners who don’t enjoy the same Constitutional protections as U.S. citizens.

Why is this is a big deal if it’s aimed at foreigners?

The law is controversial because it’s easy for the contents of Americans’ communications to get swept into the NSA database. For instance, a target of an overseas investigation may email a U.S. citizen. Critics also claim that the process is prone to “reverse targeting” in which a government agency picks an overseas person as target even though their real purpose is to eavesdrop on an American who that person might be in contact with.

Privacy hawks also fear the current process lets the government, when it taps into the Internet cables, specify an American’s email address or phone number for searching simply because it has come up in conversation between foreign targets. They also warn that the criteria for using the surveillance—national security—is broad that it can sweep up all sorts of activity.

How long has all this been going on?

This has been happening since the Bush Administration, though the extent of the surveillance only really came to light following the dramatic 2013 leaks by former NSA contractor Edward Snowden.

So why is the latest Senate vote significant?

The Senate’s decision to approve the bill, which passed the House last week, means the existing surveillance procedures are set to continue basically unchanged for another six years. While the law contains a new provision that requires the FBI to get a warrant if it wants to use the Section 702 database in an ongoing criminal investigation, most observers say the new rule contains too many exceptions to make a practical difference.

Who supports the law and who opposes it?

Unlike most bills in Washington, the 65-34 vote in the Senate did not fall on strict party lines. Opposition to the law came from a coalition of Democrats, led by Sen. Ron Wyden (D-Ore.), and from libertarian-leaning Republicans including Rand Paul (R-KY).

Meanwhile, security minded Democrats, including minority leader Nancy Pelosi (D-Ca), joined the majority of Republicans in supporting the law. Many in law enforcement, meanwhile, claim the law is an essential means of preventing terrorists attacks, and claim the privacy concerns are hypothetical or overblown.

Is there any oversight to prevent spy agencies from abusing the law?

There is a check on the NSA and FBI in the form of the secretive spy court known as the Foreign Intelligence Surveillance Court, which periodically approves rules about how the spy agencies collect Section 702 intelligence.

Those rules concern so-called “minimization” procedures to ensure Americans do not become the target of unconstitutional surveillance, as well as requirements for the spy agencies to destroy data after a period of time.

The court’s most recent ruling (much of it redacted) came last May when it approved new NSA safeguards to limit the incidental collection of American citizens’ data. While the court does provide a form of legal oversight, critics of the law say it is not enough, and had proposed a series of amendments that would require the government to seek a warrant whenever a Section 702 investigation affected an American.

Where can I read more about Section 702 and privacy?

The non-profit group, Center for Democracy & Technology, has a very readable overview of the surveillance practice and the legal rules that surround it.

To get a flavor of why critics consider the law as unconstitutional, see these posts from the Electronic Frontier Foundation. For the other side’s view, a federal prosecutor explains here why he views Section 702 as both necessary and constitutional.

About the Author
Jeff John Roberts
By Jeff John RobertsEditor, Finance and Crypto
LinkedIn iconTwitter icon

Jeff John Roberts is the Finance and Crypto editor at Fortune, overseeing coverage of the blockchain and how technology is changing finance.

See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in Tech

Sundar Pichai, chief executive officer of Alphabet Inc.
AIAlphabet
Anthropic and SpaceX just handed Google the biggest profit quarter in company history—on paper
By Eva RoytburgJuly 22, 2026
3 hours ago
‘It’s called StreetEasy, not StreetHard’: Mamdani cracks down on scourge of ‘housefishing’ and ‘real estate slop’
Real EstateHousing
‘It’s called StreetEasy, not StreetHard’: Mamdani cracks down on scourge of ‘housefishing’ and ‘real estate slop’
By Tatiana SatauaJuly 22, 2026
5 hours ago
As Washington panics about Chinese AI, Jensen Huang says open-source models like Kimi are ‘excellent’ and should be embraced, not banned
AIChina
As Washington panics about Chinese AI, Jensen Huang says open-source models like Kimi are ‘excellent’ and should be embraced, not banned
By Marco Quiroz-GutierrezJuly 22, 2026
5 hours ago
OpenAI CEO Sam Altman sits next to U.S. President Donald Trump.
AITech regulation
OpenAI’s rogue hacking incident was a warning shot. Will it be a wake-up call to finally create AI safety regulation?
By Jeremy Kahn and Emily ForliniJuly 22, 2026
5 hours ago
Man holding his hands open
InvestingStock
A new group of stocks is transforming global equities markets. Meet ‘Memi,’ the $3 trillion sector fueled by AI’s insatiable hunger for memory chips
By Amanda GerutJuly 22, 2026
6 hours ago
Sam Altman getting into a car
CybersecurityOpenAI
OpenAI’s models went rogue and hacked Hugging Face. It’s a wake-up call, experts say, but more concerning behavior may be next
By Beatrice NolanJuly 22, 2026
6 hours ago

Most Popular

The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind
Real Estate
The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind
By Nick LichtenbergJuly 22, 2026
9 hours ago
Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
Success
Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
By Sasha RogelbergJuly 20, 2026
2 days ago
Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem
AI
Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem
By Eva RoytburgJuly 21, 2026
1 day ago
OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation
Cybersecurity
OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation
By Jeremy Kahn and Emily ForliniJuly 21, 2026
1 day ago
Despite a $156 million contract, Knicks star Jalen Brunson still calls his parents for financial advice any time he makes a big purchase
Success
Despite a $156 million contract, Knicks star Jalen Brunson still calls his parents for financial advice any time he makes a big purchase
By Emma BurleighJuly 21, 2026
1 day ago
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
Success
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
By Sydney LakeJuly 20, 2026
3 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.