In today's world of constant connection, multinational companies are operating in and across multiple countries. Those doing business in the United States should be aware of Section 702 of the Foreign Intelligence Surveillance Act, which outlines the procedures for physical and electronic surveillance and collection of foreign intelligence. This act only applies to foreign nationals outside the US, not US citizens. It is important for Chief Information Security Officers to understand the extent to which their communications into and out of the US are subject to surveillance. The Privacy and Civil Liberties Oversight Board held a public forum on Section 702, where it was stated that the act cannot be used to target Americans anywhere in the world or any person inside the United States regardless of nationality. It was also said that the act preserves both national security and civil liberties and privacy. The board requested public comments on questions it should explore and recommendations it should consider making in preparation for their work to advise Congress on the efficacy of Section 702. Organizations such as the Brennan Center for Justice at the NYU School of Law have expressed their dissatisfaction with the current implementation of the act, believing that US individuals and others operating within the US are unknowingly subjected to surveillance by the NSA, FBI, and others under the auspices of Section 702. The Open Technology Institute has called for greater transparency regarding the Section 702 efforts and the rules dealing with US surveillance. It is important for organizations that operate around the world to be aware of the limitations of Section 702 and how it works, as watchdog organizations have flagged that people and entities within the US may be targeted inadvertently or otherwise by the intelligence community. With the section set to expire at the end of 2023, now is a critical time to review current practices under the law and consider potential reforms that would strengthen civil rights and civil liberties.
This Cyber News was published on www.csoonline.com. Publication date: Tue, 07 Feb 2023 10:05:03 +0000