What Happened at the Court: The Hasbajrami Oral Argument on Section 702 of FISA and the Fourth Amendment

Sharon Bradford Franklin wrote for Just Security about Section 702 of the Foreign Intelligence Surveillance Act and the Fourth Amendment:

On August 27, the U.S. Court of Appeals for the Second Circuit heard argument in United States v. Hasbajrami, a case that raises several challenges to the constitutionality of surveillance under Section 702 of the Foreign Intelligence Surveillance Act (FISA). In January 2018, Congress enacted the FISA Amendments Reauthorization Act,which reauthorized Section 702 for another six years without making any significant reforms to this surveillance program. The Second Circuit now has the opportunity to address some of the serious Fourth Amendment issues that Congress ignored, and the argument provided some insight into the court’s perspective.