UNITED STATES V. MOHAMUD 37 2. No Fourth Amendment Violation Although § 702 potentially raises complex statutory and constitutional issues, this case does not. As explained below, the initial collection of Mohamud’s email communications did not involve so-called “upstreaming” or targeting of Mohamud under § 702, more controversial methods of collecting information.19 It also did not involve the retention and querying of incidentally collected communications. All this case involved was the targeting of a foreign national under § 702, through which Mohamud’s email communications were incidentally collected. Confined to the particular facts of this case, we hold that the § 702 acquisition of Mohamud’s email communications did not violate the Fourth Amendment.20 At our request post-argument, the government declassified certain facts about Mohamud’s surveillance. Through the monitoring of a foreign national’s email account, 19 Under “upstream” collection, entire streams of Internet traffic flowing across major U.S. networks are acquired and searched, as opposed to “PRISM” collection, under which particular user accounts are monitored, and communications to or from those accounts are collected, including communications with U.S. persons. See, e.g., Privacy & Civil Liberties Oversight Board (“PCLOB”), Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (July 2, 2014), at 7 (hereinafter “PCLOB Report”); see also id. at 33–41 (comparing PRISM and upstream collection). 20 In light of our holding, we do not reach the question of whether the good faith exception to the exclusionary rule provides an independent basis to affirm the district court’s denial of Mohamud’s motion to suppress. See generally Davis, 564 U.S. at 240–42; Illinois v. Krull, 480 U.S. 340, 349–55 (1987); United States v. Leon, 468 U.S. 897, 925 (1984).