Under minimization rules, no serious argument can be made that Flynn’s identity was not necessary to understand the intelligence significance of his call with the Russian ambassador. The call is foreign intelligence information mainly because it involves Mr. Flynn.
First passed in 1978, the Foreign Intelligence Surveillance Act (FISA) still guides the physical and electronic surveillance of foreign powers and agents. Congress has repeatedly amended the law, however, seeking to calibrate the government’s surveillance to accord with the level of threat and seeking to keep authorities current as technology develops at breakneck speed. Nevertheless, even authorized activities affirmatively permitted by statute have come under fire as a torrent of leaks have revealed government surveillance programs under the statute.