36 UNITED STATES V. MOHAMUD D. Section 702 Collection of Mohamud’s Email Communications 1. Legal Background In 1978, Congress enacted FISA “to authorize and regulate certain governmental electronic surveillance of communications for foreign intelligence purposes.” Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1143 (2013) (citing 50 U.S.C. § 1801 et seq.). To do so, the government must obtain a FISA warrant from the FISC. Id. The FISA Court of Review assesses any denials by the FISC of applications for electronic surveillance. Id. Thirty years later, Congress enacted § 702 as part of the FISA Amendments Act of 2008. 50 U.S.C. § 1881a. Section 702 “supplements pre-existing FISA authority by creating a new framework under which the Government may seek the FISC’s authorization of certain foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad.” Clapper, 133 S. Ct. at 1144. “Unlike traditional FISA surveillance, § [702] does not require the Government to demonstrate probable cause that the target of the electronic surveillance is a foreign power or agent of a foreign power.” Id. “And, unlike traditional FISA, § [702] does not require the Government to specify the nature and location of each of the particular facilities or places at which the electronic surveillance will occur.” Id. Instead, § 702 mandates that the government obtain the FISC’s “approval of ‘targeting’ procedures, ‘minimization’ procedures, and a governmental certification regarding proposed surveillance.” Id. at 1145 (quoting 50 U.S.C. § 1881a(a), (c)(1), (i)(2), (i)(3)).