Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act

Government Record · Privacy and Civil Liberties Oversight Board · July 2, 2014

PCLOB describes compelled directives to providers for communications associated with tasked selectors, not unrestricted government access directly into company servers. Section 702 does not require individualized warrants for each target, but targeting and minimization rules and FISA Court oversight apply.

In PRISM collection, the government sends a selector, such as an email address, to a United States-based electronic communications service provider, such as an Internet service provider (“ISP”), and the provider is compelled to give the communications sent to or from that selector to the government.

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PCLOB describes compelled directives to providers for communications associated with tasked selectors, not unrestricted government access directly into company servers. Section 702 does not require individualized warrants for each target, but targeting and minimization rules and FISA Court oversight apply. The book’s “taps directly into the servers” wording is overstated. U.S. persons’ communications can be incidentally acquired; this is not unlimited suspicionless domestic collection.

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