CIPP-US · Question #146
SCENARIO Please use the following to answer the next question: Jane is a U.S. citizen and a senior software engineer at California-based Jones Labs, a major software supplier to the U.S. Department…
The correct answer is B. Compel AWS to disclose email communications between two Chinese nationals residing in the. Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the National Security Agency (NSA) is authorized to collect and analyze communications of non-U.S. persons located outside the United States for foreign intelligence purposes. Section 702 allows the NSA to…
Question
SCENARIO Please use the following to answer the next question:
Jane is a U.S. citizen and a senior software engineer at California-based Jones Labs, a major software supplier to the U.S. Department of Defense and other U.S. federal agencies Jane's manager, Patrick, is a French citizen who has been living in California for over a decade. Patrick has recently begun to suspect that Jane is an insider secretly transmitting trade secrets to foreign intelligence. Unbeknownst to Patrick, the FBI has already received a hint from anonymous whistleblower, and jointly with the National Secunty Agency is investigating Jane's possible implication in a sophisticated foreign espionage campaign. Ever since the pandemic. Jane has been working from home. To complete her daily tasks she uses her corporate laptop, which after each togin conspicuously provides notice that the equipment belongs to Jones Labs and may be monitored according to the enacted privacy policy and employment handbook Jane also has a corporate mobile phone that she uses strictly for business, the terms of which are defined in her employment contract and elaborated upon in her employee handbook. Both the privacy policy and the employee handbook are revised annually by a reputable California law firm specializing in privacy law. Jane also has a personal iPhone that she uses for private purposes only. Jones Labs has its primary data center in San Francisco, which is managed internally by Jones Labs engineers The secondary data center, managed by Amazon AWS. is physically located in the UK for disaster recovery purposes. Jones Labs' mobile devices backup is managed by a mid- sized mobile delense company located in Denver, which physically stores the data in Canada to reduce costs. Jones Labs MS Office documents are securely stored in a Microsoft Office 365 data. Under Section 702 of FISA. the NSA may do which of the following without a Foreign Intelligence Surveillance Court warrant?
Options
- ACompel AWS to disclose Jane's email communications with a Taiwanese national residing in
- BCompel AWS to disclose email communications between two Chinese nationals residing in the
- CCompel Microsoft to disclose Patnck's Skype calls with a Brazilian national living in Peru.
- DCompel Jane to disclose the PIN code for her corporate mobile phone.
How the community answered
(26 responses)- A8% (2)
- B73% (19)
- C4% (1)
- D15% (4)
Explanation
Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the National Security Agency (NSA) is authorized to collect and analyze communications of non-U.S. persons located outside the United States for foreign intelligence purposes. Section 702 allows the NSA to compel U.S.-based service providers, such as AWS or Microsoft, to provide access to data without requiring a warrant from the Foreign Intelligence Surveillance Court (FISC) if certain criteria are Key Aspects of Section 702: Scope of Surveillance: Section 702 applies to non-U.S. persons located outside the United States. It cannot be used to target U.S. citizens or individuals located within the United States, even if they communicate with Provider Obligations: The NSA can compel U.S.-based service providers (e.g., AWS, Microsoft) to disclose information about communications involving foreign individuals if the data is relevant to foreign intelligence
Topics
Community Discussion
No community discussion yet for this question.