FISA: 702 Collection

Appeals Court Considers Fourth Amendment Violations in FISA Section 702 Surveillance Case

By Gordon Ahl
Thursday, December 19, 2019, 4:53 PM

The U.S. Court of Appeals for the Second Circuit ruled that the case of Agron Hasbajrami should be returned to the district court level for further proceedings. Hasbajrami alleged that the incidental collection of his communications under Section 702 of the FISA Amendments Act that led to his arrest violated his Fourth Amendment rights. The ruling said that the government's warrantless collection of materials under Section 702 is lawful but that querying the information for communications of Americans raises separate constitutional questions. The document is available here and below.