UNITED STATES V. MOHAMUD 3 the targeting of an overseas foreign national under § 702, through which Mohamud’s email communications were incidentally collected. The panel held that no warrant was required to intercept the overseas foreign national’s communications or to intercept a U.S. person’s communications incidentally. Assuming that Mohamud had a Fourth Amendment right in the incidentally collected communications, the panel held that the search was reasonable under the Fourth Amendment. The panel wrote that declassified facts foreclosed the argument that the discovery in this case strayed from protecting the country from a terrorist threat into the conduct of foreign affairs. Because no retention and querying of the incidentallycollected communications is at issue in this case, an argument regarding reasonableness was outside the scope of this court’s review. The panel held that under the third-party doctrine, Mohamud had a reduced expectation of privacy in his communications to third parties. The panel held that Foreign Intelligence Surveillance Court-approved targeting and minimization procedures, which were followed in practice, sufficiently protected Mohamud’s privacy interest, in light of the government’s compelling interest in national security. COUNSEL Stephen R. Sady (argued), Chief Deputy Federal Public Defender; Mark Ahlemeyer, Assistant Federal Public Defender; Lisa C. Hay, Federal Public Defender; Office of the Federal Public Defender, Portland, Oregon; Steven Toby Wax, Portland, Oregon; for Defendant-Appellant.