Section 702, as it is known, was first passed in 2008 as part of the FISA Amendments Act, which updated the 1978 Foreign Intelligence Surveillance Act. The 1978 law enacted reforms in response to abuses by U.S. intelligence and law enforcement agencies.
Section 702 allows the government to conduct surveillance of the communications of foreign targets without a warrant and with only minimal oversight by the Foreign Intelligence Surveillance Court. Any communications of Americans picked up incidentally in this process are then retained and shared with the U.S. government intelligence and law enforcement agencies.
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