50 U.S. Code § 1881a - Procedures for targeting certain persons outside the United States other than United States persons | U.S. Code | US Law | LII / Legal Information Institute

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law.cornell.edu·law.cornell.edu/uscode/text/50/1881a

Section 702 of FISA (50 U.S.C. § 1881a) authorizes warrantless surveillance of non-US persons abroad; relevant to AI safety governance as it defines legal frameworks for intelligence collection that may intersect with AI-enabled surveillance, data collection, and oversight of AI systems used in national security contexts.

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Importance: 35/100legislationprimary source

Summary

This is the statutory text of FISA Section 702, which authorizes the Attorney General and Director of National Intelligence to jointly approve targeting of non-US persons located outside the United States for foreign intelligence collection. It establishes limitations protecting US persons and communications, requires targeting and minimization procedures, and mandates Fourth Amendment compliance. The law governs major surveillance programs relevant to national security and technology policy.

Key Points

•Authorizes joint AG/DNI approval for up to 1-year surveillance of non-US persons outside the US for foreign intelligence purposes.
•Prohibits intentional targeting of US persons or anyone known to be in the US at time of acquisition.
•Requires adoption of targeting and minimization procedures subject to judicial review by the FISA Court.
•Includes an exigent circumstances provision allowing surveillance before court order when national security intelligence may be lost.
•Mandates all acquisitions be conducted consistent with the Fourth Amendment to the US Constitution.

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 50 U.S. Code § 1881a - Procedures for targeting certain persons outside the United States other than United States persons 

 
 
 
 
 
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 (a) Authorization 
 
 Notwithstanding any other provision of law, upon the issuance of an order in accordance with subsection (j)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 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 .

 
 
 (b) Limitations An acquisition authorized under subsection (a)— 
 (1) 
 may not intentionally target any person known at the time of acquisition to be located in the United States ; 
 
 (2) 
 may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States ; 
 
 (3) 
 may not intentionally target a United States person reasonably believed to be located outside the United States; 
 
 (4) 
 may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States ; 
 
 (5) 
 may not intentionally acquire communications that contain a reference to, but are not to or from, a target of an acquisition authorized under subsection (a); and 
 
 (6) 
 shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States . 
 
 
 (c) Conduct of acquisition 
 (1) In general An acquisition authorized under subsection (a) shall be conducted only in accordance with— 
 (A) 
 the targeting and minimization procedures adopted in accordance with subsections (d) and (e); and 
 
 (B) 
 upon submission of a certification in accordance with subsection (h), such certification. 
 
 
 (2) Determination 
 
 A determination under this paragraph and for purposes of subsection (a) is a determination by the Attorney General and the Director of National Intelligence that exigent circumstances exist because, without immediate implementation of an authorization under subsection (a), intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection (j)(3) prior to the implementation of such authorization.

 
 
 (3) Timing of determination The Attorney General and the Director of National Intelligence may make the determination under paragraph (2)— 
 (A) 
 before the submission of a certification in accordance with subsection (h); or 
 
 (B) 
 by amending a certification pursuant to subsection (j)(1)(C) at any time during which judicial review under subsectio

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