Foreign Intelligence Surveillance Court supervision of demands for technical assistance from electronic communication service providers under section 702 of the Foreign Intelligence Surveillance Act of 1978

Section 702(i)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(i)(1)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (2) in the matter before clause (i), as redesignated by paragraph (1), by striking With respect to and inserting the following: (A) In general Subject to subparagraph (B), in carrying out; and (3) by adding at the end the following: (B) Limitations Neither the Attorney General nor the Director of National Intelligence may direct technical assistance from an electronic communication service provider under subparagraph (A) without demonstrating that the assistance sought— (i) is necessary; (ii) is narrowly tailored to the surveillance at issue; and (iii) would not pose an undue burden on the electronic communication service provider or its customers who are not intended targets of the surveillance. (C) Compliance An electronic communication service provider is not obligated to comply with a directive to provide technical assistance under this paragraph unless— (i) such assistance is a manner or method that has been explicitly approved by the Court; and (ii) the Court issues an order, which has been delivered to the provider, explicitly describing the assistance to be furnished by the provider that has been approved by the Court..