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How did Section 702 of FISA lead to the incidental collection of Americans' communications?

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George W. Bush: signing of USA PATRIOT Act — USA PATRIOT Act Pres. George W. Bush signing the USA PATRIOT Act in the East Room of the White House, Washington, D.C., October 26, 2001.

Section 702 of the Foreign Intelligence Surveillance Act, enacted in 2008, allows the U.S. government to collect the communications of foreign nationals located abroad without obtaining individual warrants.1

The incidental collection of Americans' communications occurs because these foreign targets frequently communicate with individuals inside the United States. When the government seizes the communications of a foreign national, any messages or calls exchanged with a U.S. citizen are captured in the process. Consequently, the citizen's private communications are swept up as part of the broader surveillance of the foreign target.1

This practice highlights the ongoing tension between national security interests and the protection of individual privacy rights. While the law was intended to target foreign threats, the resulting incidental collection has raised significant concerns regarding the scope of government surveillance and the adequacy of oversight mechanisms, such as the FISA court system, in preventing the erosion of civil liberties.1