The fisa amendments act of 2008, also called the faa and foreign intelligence surveillance act of 1978 amendments act of 2008, is an act of congress that amended the foreign intelligence surveillance act. Submittal to congress of certain court orders under the foreign intel ligence surveillance act of 1978. It also established a special court of federal judges, the foreign intelligence surveillance court fisc. In exceptional cases that are considered critical to national security, read more. House agreed to conference report, 12 october 1978 d. Introduction this report is submitted to the senate by the select committee on intelligence pursuant to section 108b of the foreign intelligence surveillance act of 1978, 92 stat. The foreign intelligence surveillance act fisa of 1978 the foreign intelligence surveillance act fisa of 1978 established a legal authority for the united states government to carry out wiretaps for foreign intelligence purposes. Conference report filed in house 10051978 conference report filed in house, h. Foreign intelligence surveillance act united states law. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Foreign intelligence surveillance court federal judicial.
The surveillance programs leaked in the past two days are the results of the post911 version of this system. Minimization procedures used by the national security. Reform of the foreign intelligence surveillance courts. Congress passed a law in 1978 establishing fisa the foreign intelligence surveillance act which included a fisa court. The foreign intelligence surveillance act of 1978, p. Modernizing the foreign intelligence surveillance act statement for. The system of foreign intelligence surveillance law. Surveillance act fisa of 1978 sought to address these concerns by legitimizing the surveillance and investigation of individuals in the u. Department of justice office of legislative affairs.
Foreign intelligence surveillance act synonyms, foreign intelligence surveillance act pronunciation, foreign intelligence surveillance act translation, english. Electronic surveillance within the united states for foreign intelligence purposes permits the president, acting through the attorney general, to authorize electronic surveillances for foreign intelligence purposes without a court. That law established, first, that noncriminal electronic surveillances within the united states were only permissible for the purpose of collecting foreign intelligence andor foreign counterintelligence. Witnesses testified about domestic surveillance programs, presidential. For many people, including those generally inclined to support civil liberties, the example of a.
Like title iii of the omnibus crime control and safe streets act of 1968 the wiretap act, the fisa legislation was the result of congressional investigations into federal surveillance activities conducted in the name of national security. The pros and cons of the foreign intelligence surveillance act. The foreign intelligence surveillance act of 1978 established a special secret court to. Government printing office page 2435 foreign intelligence surveillance act of 1978 amendments act of 2008 page 122 stat. Foreign intelligence surveillance act of 1978, 50 u. Hears requests for warrants for surveillance of suspected spies or terrorists.
The system of foreign intelligence surveillance law security. Us supreme court refuses to let americans challenge fisa. Modernizing the foreign intelligence surveillance act. An act to amend the foreign intelligence surveillance act of 1978 to improve foreign intelligence collection and the safeguards, accountability, and oversight of acquisitions of foreign intelligence, to extend title vii of such act, and for other purposes.
Minimization procedures used by the national security agency in connection with acquisitions of foreign intelligence information pursuant to section 702 of the foreign intelligence surveillance act of 1978, as amended by eric holder, u. Excerpt the foreign intelligence surveillance act fisa of 1978 was the product of sweeping congressional investigation and deliberation prompted by perceived electronic surveillance abuses by the executive branch. An act to amend the foreign intelligence surveillance act. In 1978, it presented the foreign intelligence surveillance act to president carter, who signed it into law. The united states code is meant to be an organized, logical compilation of the laws passed by congress. The foreign intelligence surveillance act fisa controls how the u. Public law 110261july 10, 2008 foreign intelligence surveillance act of 1978 amendments act of 2008 kgrant on pohrrp4g1 with public laws verdate aug 31 2005 17. Trends and predictions in foreign intelligence surveillance. Foreign intelligence surveillance act modernization c. The 1978 foreign intelligence surveillance act fisa restricts the nsa mandate to the interception of foreign communications and forbids the agency from targeting a u. Foreign intelligence surveillance act of 1978 amendments. Department of justice office of legislative affairs washington, d. Foreign intelligence surveillance act definition of. Intelligence community to acquire foreign intelligence information by targeting foreign persons reasonably.
June 1980 note foreign intelligence surveillance 1117 exercise of the surveillance power. Foreign intelligence surveillance act litigation robert timothy reagan september 2016. The foreign intelligence surveillance act of 1978 fisa pub. The fisa amendments act of 2008 provides critically important authority for the u. In december 2005, the new york times reported, and president bush confirmed, that the national security agency had been conducting electronic. The foreign intelligence surveillance act of 1978 50 u. Congress enacted the foreign intelligence surveillance act of 1978 amendments act of 2008 faa. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism.
Fisa amendments act of 2008 section 702 summary document. The provisions of this act and the amendments made hereby shall become effective upon the date of enactment of this act, except that any electronic surveillance approved by the attorney general to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of this act, if that surveillance is. January 20,28 announcing its merger with the syrian jabhat alnusra group in april,29. In 1978, congress set up a system governing foreign intelligence surveillance. Since 1978, fisa has served as the foundation to conduct electronic surveillance. However, in 1978, the fbi and other national security agencies convinced congress to pass the foreign intelligence surveillance act fisa of 1978. The foreign intelligence surveillance act fisa of 1978. Section 1101 of the order reads, pursuant to section 102a1 of the foreign intelligence surveillance act of 1978 50 u. Public law 95511 95th congress an act to authorize electronic surveillance to obtain foreign intelligence information.
On tuesday, the top justices in the us said the countrys highest court will not hear a case in which amnesty international and a slew of coplaintiffs have contested a provision of the foreign intelligence surveillance act of 1978, or fisa, that lets the national security agency silently monitor emails and phone calls. Fisa court summary history fisa court public filings the court began posting public filings on this internet website in june 20. The senate select intelligence committee held a hearing on proposals to revise the foreign intelligence surveillance act. Intelligence surveillance act of 1978 unless such disclosure is not in the national security interest of the united states and for other purposes. The foreign intelligence surveillance act of 1978 fisa. Constitutionality of amending foreign intelligence surveillance act.
The pros and cons of the foreign intelligence surveillance act 856 words 4 pages introduction today, electronic surveillance remains one of the most effective tools the united states has to protect against foreign powers and groups seeking to inflict harm on the nation, but it does not go without a few possessing a few negative aspects either. Foreign intelligence surveillance court brennan center for justice. The foreign intelligence surveillance act of 1978 is a united states federal law that establishes procedures for the physical and electronic surveillance and. Secret court decision silently overrules provision of patriot act by jennifer van bergen. Implementation of the foreign intelligence surveillance ar.
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