American University National Security Law Brief Volume 9 Issue 1 Article 2 2019 Insidious Encroachment? Strengthening the "Crown Jewels": The 2018 Reauthorization of FISA Section 702 John F. Schifalacqua University of Pennsylvania Law School Follow this and additional works at: https://digitalcommons.wcl.american.edu/nslb Part of the Fourth Amendment Commons, Legal History Commons, Legislation Commons, and the Privacy Law Commons Recommended Citation Schifalacqua, John F. "Insidious Encroachment? Strengthening the "Crown Jewels": The 2018 Reauthorization of FISA Section 702," American University National Security Law Brief, Vol. 9, No. 1 (2019). Available at: https://digitalcommons.wcl.american.edu/nslb/vol9/iss1/2 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University National Security Law Brief by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact
[email protected]. INSIDIOUS ENCROACHMENT? STRENGTHENING THE "CROWN JEWELS": THE 2018 REAUTHORIZATION OF FISA SECTION 702 John F. Schifalacqua* ABSTRACT This article seeks to turn a critical eye toward to the Reauthorization Act -both its development and future challenges-as a way to evaluate the current state of Section 702 since its recent reauthorization. To establish a historical context, Part II will lay out the general history of Section 702, its requirements, and the techniques the government has typically deployed under its authority. Part III will develop an account of the legislative history of the Reauthorization Act to highlight the keys issues of contention in public discourse over Section 702.