Foreign Intelligence Surveillance Act (FISA): Activities Covered
The Foreign Intelligence Surveillance Act (FISA) is a United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil (https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286). FISA was enacted in 1978 and has been amended several times since then, most recently in 2008 (https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act).
Key Facts
- Electronic Surveillance: FISA authorizes electronic surveillance, which involves the interception of electronic communications, such as phone calls, emails, and internet activities, for the purpose of gathering foreign intelligence.
- Pen Registers and Trap and Trace Devices: FISA also covers the use of pen registers and trap and trace devices. Pen registers record outgoing phone numbers, while trap and trace devices record incoming phone numbers. These devices help in identifying the source and destination of communications.
- Physical Searches: FISA allows for physical searches of premises or property to gather foreign intelligence information. This may involve entering and searching a location to obtain relevant evidence or intelligence.
- Business Records: FISA covers the collection of certain types of business records for the purpose of gathering foreign intelligence. This includes compelling the production of records from businesses or organizations that may have relevant information.
- Oversight by the FISA Court: The FISA Court plays a crucial role in ensuring that activities conducted under FISA authorizations are consistent with the statute and the U.S. Constitution, including the Fourth Amendment. It provides judicial oversight and reviews requests for surveillance warrants.
FISA covers a range of activities related to the collection of foreign intelligence, including:
Electronic Surveillance
FISA authorizes the electronic surveillance of foreign powers or agents of foreign powers, including the interception of communications such as phone calls, emails, and internet activities (https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286).
Pen Registers and Trap and Trace Devices
FISA also covers the use of pen registers and trap and trace devices to identify the source and destination of communications (https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286).
Physical Searches
FISA authorizes physical searches of premises or property to gather foreign intelligence information (https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286).
Business Records
FISA covers the collection of certain types of business records for the purpose of gathering foreign intelligence (https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286).
Oversight by the FISA Court
The FISA Court is a special court that reviews requests for surveillance warrants and ensures that activities conducted under FISA authorizations are consistent with the statute and the U.S. Constitution (https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286).
These activities are all subject to strict requirements and limitations, including the requirement that the government must have a reasonable belief that the target of the surveillance is a foreign power or agent of a foreign power, and that the surveillance is necessary to gather foreign intelligence information.
FISA is a controversial law, and there have been ongoing debates about its scope and the balance between national security and civil liberties. However, FISA remains an important tool for the U.S. government in the fight against terrorism and other threats to national security.
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FAQs
What activities does FISA cover?
FISA covers a range of activities related to the collection of foreign intelligence, including electronic surveillance, pen registers and trap and trace devices, physical searches, and business records.
What is electronic surveillance under FISA?
Electronic surveillance under FISA involves the interception of communications, such as phone calls, emails, and internet activities, for the purpose of gathering foreign intelligence.
What are pen registers and trap and trace devices?
Pen registers record outgoing phone numbers, while trap and trace devices record incoming phone numbers. These devices help in identifying the source and destination of communications.
Can FISA be used for physical searches?
Yes, FISA authorizes physical searches of premises or property to gather foreign intelligence information.
Can FISA be used to collect business records?
Yes, FISA covers the collection of certain types of business records for the purpose of gathering foreign intelligence.
Is FISA subject to any oversight?
Yes, the FISA Court reviews requests for surveillance warrants and ensures that activities conducted under FISA authorizations are consistent with the statute and the U.S. Constitution.
What are the requirements for FISA surveillance?
The government must have a reasonable belief that the target of the surveillance is a foreign power or agent of a foreign power, and that the surveillance is necessary to gather foreign intelligence information.
Is FISA controversial?
Yes, FISA is a controversial law, with ongoing debates about its scope and the balance between national security and civil liberties.