100 — David Kris on Section 702
From Steptoe Cyberlaw Podcast · hosted by Stewart Baker
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Summary
We devote episode 100 to “section 702” intelligence — the highly productive counterterrorism program that collects data on foreigners from data stored on US servers. What’s remarkable about the program is its roots: President Bush’s decision to ignore the clear language of FISA and implement collection without judicial approval. That decision has now been ratified by Congress — and will be …
Learning Points (Q&A)
-
Safe Harbor was replaced by what US-EU agreement for transatlantic data flows?
- a) Safe Harbor 2
- b) Privacy Shield
- c) Secure Council
- d) Cyber Secure
-
The UK Data Retention and Investigatory Powers Act 2014, includes _____________ authority to bring British wiretap orders and search warrants to the US.
Fill in the blank.
-
Match the following terms.
- a) US law concerning domestic surveillance
- b) Executive Order authorizing the collection of signals intelligence
- c) Specific to targeted collection of non-US person located abroad
- ___ 12888
- ___ Section 702
- ___ FISA
-
Section 702 requires a probable cause determination by the FISA court.
True or False.
-
US federal law does not take into account what major technological change?
- a) email
- b) financial systems
- c) social media
- d) remote access
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