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Insidious Encroachment? Strengthening the Crown Jewels: The 2018 Reauthorization of FISA Section 702

This article seeks to turn a critical eye toward to the Reauthorization Act - both its development and future challenges - as a way to evaluate the current state of Section 702 since its recent reauthorization. To establish a historical context, Part II will lay out the general history of Section 702, its requirements, and the techniques the government has typically deployed under its authority. Part III will develop an account of the legislative history of the Reauthorization Act to highlight the keys issues of contention in public discourse over Section 702. Part IV will detail the key changes to Section 702 implemented by Congress. Part V will then describe the typical constitutional challenges to Section 702 prior to the Reauthorization Act and reassess the viability of in light of the key changes to the program. Finally, Part VI will conclude by offering positive developments and missed opportunities from the debates. Overall, this article seeks to emphasize that the responsibility to protect constitutional rights while simultaneously ensuring national security can at times feel like a herculean duty. But this balance is often best struck on the front end when members of Congress and are pressured to reform national security authorities rather than rely on Executive agencies to utilize its surveillance tools according to an often malleable, broad legal standard. Nevertheless, this Comment argues that there are presently substantial avenues for litigants to challenge the newest changes to Section 702 under the Fourth Amendment.