International & National Security Law Practice Group

Reforming Section 702: Should the FBI require a warrant to search its database for the communications of US persons?

Elizabeth Goitein , Glenn Gerstell

Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows the government to collect non-content metadata from communications service providers. Advocates for renewal, including members of the US intelligence community, argue that it is a critical tool for national security and failure to renew it will leave the nation vulnerable. Critics claim Section 702 creates a loophole that allows for the collection of personal information without a warrant. In this Briefcase, two experts, Glenn Gerstell and Liza Goitein, debate a key issue of reform, whether the FBI should require a warrant to search its database for the communications of US persons.