I am reproducing below four paragraphs from the exam instructions. Please read the entire instruction sheet carefully before you begin the exam. Do not skip these four paragraphs on the final instruction sheets, as they are still subject to change.
Best of luck!
[In addition to the changes made through section 702], the [FISA Amendments Act] requires that the FISC approve surveillance of a U.S. citizen abroad based on a showing that includes a finding that the person is a "an agent of a foreign power, or an officer or employee of a foreign power." Previously, FISA did not regulate surveillance of targets, whether U.S. Citizens or not, when located outside the United States.Note that these new provisions are not necessarily as stringent as "electronic surveillance" nor as lax as section 702. For purposes of this class, just understand that the FISC is involved in surveillance of U.S. persons overseas.
For the first class, on Monday, August 31, 2015, we will be discussing current challenges at the intersection of privacy and technology. To prepare, read the following news reports.
For the second class, on Wednesday, September 2, 2015, read pages 43-79 of the casebook.