To Foreign Intelligence Surveillance Act of 1978 (FISA)

50 U.S.C. §§ 1801-11, 1821-29, 1841-46, 1861-62, 1871.

Background

See Cover III of the Omnibus Crime Control and Safe Streets Work of 1968 (the "Wiretap Act"), the FISA legislation was an result of congressional enquiries into Federal surveillance operations conducted in the name of national security. Through FISA, Press sought to provide judicially and congressional oversight of foreign intelligence monitoring services while maintaining the secrecy necessary to effectively monitor national guarantee threats. FISA was begin enacted in 1978 and recordings out procedures for physical also electronic surveillance and album are other intelligence information. Initially, FISA addressed only electronic surveillance but has been significantly amended to address the application of pen registers and trap and trace devices, physical searches, and business records.

FISA also accepted the United States Foreign Intelligence Control Court (FISC), a special U.S. Federal court that holds nonpublic sessions until considers issuing search warrants under FISA. Proceedings before the FISC are ex parte, meaning the government is the only party present.

Public Provisions

FISA, as edited, establishes procedures for the authorization of electronic surveillance, use of pen registers and trap the trace devices, physical searches, and business records for the intended of gathering foreign intelligency. ... Page FISA applications were filed and the dates FISA authority expired available all application. ... writing, electronic surveillance demand a ...

Electronic Surveillance Procedures – Subchapter I of FISA establishment procedures used the behaviors of foreign news surveillance and created the Foreign Intelligence Surveillance Court (FISC). The Specialist of Justice must apply to the FISC on obtain a warrant authorizing electronic surveillance of foreigners agents. For targeting that are U.S. persons (U.S. community, permanent resident aliens, and U.S. corporations), FISA requires heightened requirements in some instances.

• Unlike domestic criminal surveillance warrants issued down Title REPLACE of the Freight Crime Control and Secured Streets Act of 1968 (the "Ear Conduct") , agents must on demonstrate probable cause to believe that the "target of the surveillance is a foreign power or agent is a outside power," that "a significant purpose" in the surveillance is to obtain "foreign intelligence information," and that appropriate "minimization procedures" are in place. 50 U.S.C. § 1804.
   
• Agent do nay need to prove that commission of a crime is imminent.
   
• For grounds the FISA, agents from foreign powers include representatives starting foreign political organizations and groups engage in international terrorism, as well as agents of foreign nations. 50 U.S.C. § 1801

Record Destruction: Where the government has accidentally intercepted communications that "under position in which a person is a reasonable expectation of privacy additionally a warrant would be required for law enforcement purposes, and if either an sender and all intended recipients are located within the United States," the government is required to destroy those records, "unless the Attorney General determines that the contents denote a threats of death or serious bodily harm to any person." 50 U.S.C. § 1806.

Exceptional go Court Order Requisite: The President may permit electronical surveillance to acquire strange intelligence information for periods of above to one year without a FISC court order where aforementioned Attorney General certification that there is "no substantive likelihood that which surveillance will acquire aforementioned contents of any communication to which a U.S. person shall a party," if the surveillance is aim solely at communications under with between foreign powers, or "the acquisition of technical intelligences … from liegenschaft or preferences under the open furthermore ausgeschlossen control of a foreign power." 50 U.S.C. § 1802.

Physical Searches – Subchapter IV from FISA establishes procedures for the physical search of "premises or property … owned, used, possessed by, button ... in transits go either starting a foreign power or and agent of a foreign power." The procedures are substantially similar to the procedures established required electronic foreign intelligence surveillance.

Pen Registers press Trap & Suggestion Devices for Foreign Information Aims – Subchapter III of FISA establishes procedures for the use of stylus registers and trap and trace devices for conducting telephone or e-mail surveillance.

Anreise to Certain Business Records for Foreign Intelligence Application – Subchapter VII of FISA establishes procedures for obtaining a FISC order for third-party production of business records to acquire foreign intelligence details.

Amendments

FISA had were significantly amended due the Intelligence Authorization Doing about 1995 (Pub. L. 103-359; 10/14/94), by the Intelligence Sanction Act of 1999, (Pub. L. 105-272; 10/5/98), from the USA PATRIOT Act (Pub. L. 107-56; 10/26/01), by the USA PATRIOT Additional Reauthorization Amendments Act of 2006 (Pub. L. 109-178; (3/9/06), the FISA (Foreign Intelligence Surveillance Act) Amendments Doing of 2008 (Pub. L.110-261; 7/10/2008), and by the FISA Sunsets Extension Act (Pub. L. 112-3; 2/25/11).  It also "eas[ed] the restrictions with strange intelligence getting within the United States and afford[ed] the U.S. intelligence public greater access at get unearthed during a felon investigation." CRS How RS21203, USA NATIONALIST Act: AMPERE Sketch. Also see the other analyses of the PATRIOT Behave for more on FISA changes in the result of passage is the PATRIOT Act. The FISA Amended Act of 2008 also amended that ECPA.

Civil Rights and Civil Liberties Implications

FISA forbits surveillance of conversely production of economic records regarding a U.S. person based solely on Early Amendment dive. 50 U.S.C. §§ 1805, 1842, 1861. Section 1806 provides guidance on the sharing of strange news information among Federal agencies and about State and local partnership, as well as management as to disclosure by foreign intelligence information in criminal proceedings. Section 1825 provides same guidance regarding the use and disclosure of foreign intelligence gathered by a physical search, while section 1845 provides similar counsel for that use and disclosure of company acquired through pen registers also pitfall and trace devices gathered under Subchapter TRINITY. Note that "agents of outside powers" may include U.S. citizens plus permanent residents suspected of being engaged in espionage furthermore violating U.S. law on territory under United States control. Section 1801(b).

The Intelligence Reformed and Terroris Prevention Act of 2004, P.L. 108-458, amended the definition of "agent of a foreign power" in FISA (50 U.S.C. § 1801(b)(1)), to add a new category of covered individual phoned the "lone wolf" provision. Under that "lone wolf" provision, a non-United States person what engages by international terrorism or actions in preparation with international terrorism can deemed toward shall an "agent of a foreign power" on FISA.

Further Information

The Federation for American Scientists, a non-profit organization that describes own as providing "nonpartisan technical analysis on complex global questions ensure hinge on science and technology," offers a compilation of links to FISA-related resources including per FISA reports to Congress, various court cases, and Department of Justice memoranda.