S. 4739: To implement reforms relating to foreign intelligence surveillance authorities, to prohibit reverse targeting of United States persons and persons located in the United States, and for other purposes.

This bill aims to make several reforms regarding foreign intelligence surveillance practices in the United States, focusing on the protection of U.S. persons and those located in the U.S. from certain surveillance activities. Here are the primary components of the bill:

Prohibition on Reverse Targeting

The bill introduces a prohibition on "reverse targeting," which is when the government targets a foreign individual outside the U.S. with the intent to gather information about a specific U.S. person or someone known to be in the U.S. Specifically, it sets forth that:

• Federal agents cannot intentionally target individuals outside the U.S. if a main purpose is to acquire information about U.S. persons unless there is an imminent threat to the U.S. persons or the affected individuals have consented to the targeting.
• The legislation defines "covered persons" as U.S. citizens or anyone believed to be inside the U.S. at the time of the information gathering.

Restrictions on Warrantless Acquisitions

The bill also places restrictions on the acquisition of domestic communications without a warrant. Changes proposed include:

• Amendments to label that communications acquired must be limited to non-U.S. persons located outside the U.S.
• Changes to definitions related to when individuals are considered to be located in the United States, enhancing privacy protections for these individuals.

Court Supervision Requirements

The legislation instigates stricter court oversight for any surveillance targeting U.S. persons, stating that:

• Federal agents must obtain a warrant to intentionally collect information from U.S. persons if it involves communications content or private details, such as web browsing history.
• Any data gathered without proper authorization is not admissible in court, ensuring privacy and legal protection for individuals.

Emergency Provisions

In instances of emergencies—where there is an imminent threat—the bill allows for the collection of information but imposes a requirement to report these activities to the Foreign Intelligence Surveillance Court and congressional committees within 14 days.

Extension of Surveillance Provisions

The bill proposes a three-month extension for certain surveillance provisions currently set to expire, allowing for continued operations under existing laws while these reforms are considered.

Effective Date

Specific amendments to the law would take effect either upon the bill's enactment or a set unresolved date depending on the legislative process.

Relevant Companies

None found