Are We Missing A Fastly Rule Or Update?

Another hypothetical comes by way of Marc Zwillinger, an attorney who serves as an amicus curiae to the FISA court. This new role for “outside experts with top security clearances” was created after the Edward Snowden leaks; the FISA court must consult one of its ###emwhen a case presents a “###a href="https://epic.org/reforming-702-strengthening-fisa-amici/" rel="">novel or significant interpretation of the law.” Zwillinger described what the proposed new section might cover:

A Fortune 100 U.S. company has a foreign-based Board Member... [It] rents space in One Vanderbilt in NYC, a Class A building with pre-wired connectivity to a communications center in the building where each tenant’s wiring connects to the internet. The USG wants to target either the communications of the foreign-based director or other executives… It goes to the owner of One Vanderbilt and asks for access to the equipment and/or the wires in the building… The change to 702 would likely allow that entire communication stream to be routed off to secret government equipment so that the communications… could be examined even though the landlord isn’t a communication service provider.

Zwillinger added that “if the government doesn’t want to go the landlord, it could go to the U.S. company’s managed security service provider, cleaning service, or shredding company,” noting all are “service providers with access to the equipment.”