Question 35
UnclassifiedWho may be targeted under Section 702 of FISA?
Correct answer: C
Explanation
Section 702 of FISA authorizes targeting of a "non-U.S. person" who is "reasonably believed to be located outside the United States" to acquire "foreign intelligence information." That limits collection to foreign targets abroad, not U.S. persons or people inside the United States.
Why each option is right or wrong
A. Any U.S. person located in the United States if the data is useful
B. Only foreign ambassadors physically present in Washington, D.C.
C. A non-U.S. person reasonably believed to be located outside the United States for foreign intelligence purposes
Section 702 of FISA, codified at 50 U.S.C. § 1881a, permits targeting only of a person who is not a U.S. person and who is reasonably believed to be located outside the United States. The acquisition must be for foreign intelligence information, and the statute does not authorize targeting U.S. persons or anyone believed to be inside the United States.
D. Any person if the government first sends a consumer-style privacy notice