On the recordApril 18, 2024
In that letter, the Attorney General said: [I]t would be unlawful under Section 702 to use the modified definition of ECSP to target any entity inside the United States including, for example, any business, home, or place of worship. Continuing: It would also be unlawful to compel any service provider to target the communications of any person inside the United States-- And here we even go because 702 can't even be used to target foreigners inside the United States. So, clearly, this provision would not allow any communication provider to target a person inside the United States, whether or not that person is in contact with a non-U.S. person outside the United States. Any of these tools are used to target foreigners outside the boundaries of the United States. Let me be clear. The Department of Justice has documented, in writing, that it would be unlawful to use the ECSP definition to target any business, home, or place of worship or to compel any provider to target communications of U.S. persons inside the United States. The letter goes on to state: [T]he Department commits to applying this definition of ECSP exclusively to cover the type of service provider at issue in the litigation before the FISC-- That is the court that reviews these proceedings-- that is, technology companies that provide the service the FISC concluded fell outside the current definition. I also continue to quote from the Attorney General.…





