National Security Flashcards

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1
Q

What are the key components and the purpose of the Foreign Intelligence Surveillance Act (FISA) of 1978?

A
  • FISA, established during the Cold War to track the activities of Soviet Union agents and its allied foreign nation states, approved orders to gather intelligence via wiretap, pen register and trap and trace, and video surveillance.
  • Under FISA orders, entities could not disclose before, during or after that they were targets of an investigation.
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2
Q

What is Section 702 of the FISA Amendments Act of 2008?

A

Section 702 of the FISA Amendments Act of 2008 permits the government to conduct targeted surveillance of foreign persons located outside the U.S. through electronic communications service providers (ECSPs). It was enacted to avoid the necessity of getting court orders based on probable cause against those located abroad. Section 702 does not apply to “U.S. persons” (which includes companies in its definition) whether located in the U.S. or abroad.

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3
Q

What components of FISA changed after the enactment of the USA PATRIOT Act after 9/11/2001?

A

Wiretaps: Used more often and with more flexibility

Pen registers/trap and trace: Expanded to include dialing, routing, addressing or signaling information to or from a device

National security letters (NSLs): Updated so that any organization can be subject to a request for records without judicial involvement

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4
Q

What are FISA NSL’s?

A

National Security Letters (NSLs)
Subpoenas were used narrowly and only for certain financial and communication records of an agent of a foreign power and on the approval of FBI headquarters

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5
Q

What is Section 215 of the USA PATRIOT Act?

A

Section 215 of the USA PATRIOT Act provided that a federal court order can require production of “any tangible thing” for defined foreign intelligence and antiterrorism investigations. A tangible thing included books, records, papers, documents and other items. It further stated that entities of orders were forbidden to disclose that an order had been received except to necessary personnel or an attorney.

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6
Q

Why was FISA amended in 2008, and what did the amendment do?

A

FISA was amended in 2008 after major legal, public relations and civil liberties issues arose surrounding the flexible legal limits provided by the USA PATRIOT Act.

The amendment provided legal authorization to new surveillance practices, required more reporting to Congress and granted immunity to telephone companies for records provided to the government in the wake of 9/11

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7
Q

What did the USA FREEDOM Act of 2015 do?

A

Revisions: Targeted warrants from the FISA Court are needed in order to collect phone metadata from telecommunications companies.

Transparency: Government issues yearly transparency reports of FISA orders and National Security Letters.

Prohibitions: Prohibits use of pen register/trap and trace order for bulk collection under the Section 215 program. Requests must be based on specific selectors, such as a telephone number.

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8
Q

Was the USA FREEDOM Act of 2015 a response to Snowden?

A

Yes, according to IAPP, Edward Snowden’s 2013 revelations about government surveillance led to reforms enacted via the USA FREEDOM Act, which set new rules for national security investigations. Provisions of this act reformed U.S. intelligence and surveillance laws and increased the transparency of the FISA Court

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9
Q

What is the purpose of the Cybersecurity Information Sharing Act of 2015 (CISA)?

A

CISA was designed to improve cybersecurity in the U.S. It encourages the sharing of information between the government and participating companies. Cybersecurity information sharing includes: cyberattacks, threats and successful defenses.

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10
Q

What does the Government have to do under CISA? What do private companies have to do?

A

U.S. Government
* Can share technical data with companies about cyberattacks and successful defenses
* Encourages organizations to share information with each other about cybersecurity threats they face
* Must publish guidelines on the use and disclosure of shared information to address privacy concerns

Companies
* Participation is voluntary
* Sharing information with any level of government does not waive privileges
* Information may only be used to develop or implement new cybersecurity regulations

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