The Foreign Intelligence Surveillance Act (FISA) stands as a pivotal piece of legislation that governs the surveillance of foreign agents within the United States. Enacted in 1978, FISA has undergone significant revisions over the years, reflecting the evolving landscape of national security and civil liberties concerns.
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This comprehensive act establishes a legal framework for the government to conduct electronic surveillance and physical searches of suspected foreign agents. It Artikels the procedures for obtaining FISA warrants, which must be approved by a special court known as the Foreign Intelligence Surveillance Court (FISC).
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1. Historical Context of FISA
The Foreign Intelligence Surveillance Act (FISA) was enacted in 1978 in response to concerns about the National Security Agency’s (NSA) warrantless surveillance of American citizens. FISA established a legal framework for the government to conduct foreign intelligence surveillance on foreign powers and their agents within the United States.
Timeline of Key Amendments and Revisions to FISA
- 1994:FISA was amended to expand the government’s authority to conduct surveillance on non-US citizens who are not agents of foreign powers.
- 2001:FISA was amended after the 9/11 attacks to allow the government to conduct surveillance on US citizens without a warrant in certain circumstances.
- 2008:FISA was amended to require the government to obtain a warrant before conducting surveillance on US citizens.
Purpose and Objectives of FISA, Foreign intelligence surveillance act
The purpose of FISA is to provide a legal framework for the government to conduct foreign intelligence surveillance while protecting the civil liberties of US citizens.
2. Legal Framework of FISA: Foreign Intelligence Surveillance Act
Role of the Foreign Intelligence Surveillance Court (FISC)
FISA established the Foreign Intelligence Surveillance Court (FISC), a special court that reviews government requests for FISA warrants. The FISC is composed of 11 federal judges who are appointed by the Chief Justice of the Supreme Court.
Procedures for Obtaining FISA Warrants
To obtain a FISA warrant, the government must submit an application to the FISC that includes the following information:
- The target of the surveillance
- The purpose of the surveillance
- The type of surveillance to be conducted
- The duration of the surveillance
Limitations and Safeguards in Place to Protect Civil Liberties
FISA includes several limitations and safeguards to protect the civil liberties of US citizens, including:
- The government must obtain a warrant from the FISC before conducting surveillance on US citizens.
- The government must show that the target of the surveillance is a foreign power or an agent of a foreign power.
- The government must minimize the collection of information about US citizens who are not the target of the surveillance.
Concluding Remarks
FISA remains a subject of intense debate, with proponents arguing its necessity for protecting national security and opponents raising concerns about potential privacy infringements. As technology continues to advance and the threat landscape evolves, the ongoing discussions surrounding FISA are likely to shape the future of intelligence gathering and the delicate balance between security and liberty.
