www.lesswrong.com/posts/FSGfzDLFdFtRDADF4/openai-s-surveillance-language-has-man...
1 correction found
But the statutory definition of "U.S. person" in FISA and the National Security Act is narrower, covering only citizens and lawful permanent residents while excluding undocumented immigrants and nonimmigrant visa holders (such as someone working in the U.S. on an H-1B visa).
FISA and the National Security Act do exclude undocumented immigrants and most nonimmigrant visa holders from the term “U.S. person,” but they do *not* define “U.S. person” as covering *only* citizens and lawful permanent residents; they also include certain U.S. corporations and U.S.-based associations.
Full reasoning
2 sources
- 50 U.S. Code § 1801(i) (FISA) — Definition of “United States person” (Cornell LII)
“(i) ‘United States person’ means a citizen of the United States, an alien lawfully admitted for permanent residence … an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States …”
- 50 U.S. Code § 3039(c)(2) (National Security Act of 1947, as amended) — Definition of “United States person” (Cornell LII)
“(2) The term ‘United States person’ means the following: (A) A United States citizen. (B) An alien … permanent resident alien. (C) An unincorporated association substantially composed of United States citizens or permanent resident aliens. (D) A corporation incorporated in the United States …”