The Guardian has posted the procedures used by the National Security Agency to target non-US citizens under the Foreign Intelligence Surveillance Act, as well as the minimization procedure for information collected about US citizens. The documents indicate that "[a] person whose location is not known will be presumed to be a non-United States person," and that the NSA maintains databases of the telephone numbers, email accounts, and other identifiers of US citizens. EPIC recently petitioned the NSA to suspend its domestic surveillance pending public comment. Last year, in testimony for the House Judiciary Committee, EPIC urged Congress not to reauthorize the FISA Amendments Act until adequate oversight procedures were in place. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: NSA Petition.
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Communications Law and Policy
Jerry Kang and Alan Butler