Foreign Intelligence Surveillance Act

Definition

The Foreign Intelligence Surveillance Act (FISA) is a United States federal law enacted in 1978 that provides a framework for the surveillance and collection of foreign intelligence information. It was designed to balance national security interests with the protection of citizens' privacy rights, allowing government agencies to conduct electronic surveillance and physical searches under certain legal standards.

5 Must Know Facts For Your Next Test

1. FISA was enacted in response to concerns about the government's surveillance practices and the need for judicial oversight.
2. The law requires the government to obtain a warrant from the FISA Court to conduct electronic surveillance on individuals suspected of being agents of foreign powers.
3. FISA has been amended multiple times, particularly after the September 11 attacks, to expand the scope of surveillance authority.
4. The Act allows for both targeted and bulk collection of data, leading to significant debates about privacy rights and national security.
5. Critics argue that FISA's provisions can infringe upon citizens' Fourth Amendment rights, while supporters claim it is essential for protecting national security.

Review Questions

• What are the key provisions of the Foreign Intelligence Surveillance Act, and how do they aim to balance national security and privacy rights?
  • The Foreign Intelligence Surveillance Act establishes specific procedures for obtaining warrants for surveillance activities aimed at foreign powers. It requires government agencies to demonstrate probable cause that targets are agents of foreign powers, ensuring judicial oversight through the FISA Court. This framework aims to balance the government's need for intelligence in protecting national security while also safeguarding individuals' privacy rights, creating a legal structure designed to limit abuse.
• Discuss the implications of Section 702 of FISA on U.S. citizens' privacy rights and its role in national security.
  • Section 702 of FISA allows for the warrantless collection of foreign intelligence from non-U.S. persons outside the United States but often results in the incidental collection of communications involving U.S. citizens. This raises significant privacy concerns as it can lead to surveillance without proper oversight or consent. The tension between national security needs and individual rights continues to be debated, as critics argue that such practices undermine constitutional protections.
• Evaluate how amendments to FISA post-September 11 have transformed U.S. intelligence gathering and its effects on civil liberties.
  • Amendments to FISA after September 11 significantly expanded intelligence-gathering capabilities, enabling broader data collection and sharing between agencies under the Patriot Act. While proponents argue that these changes enhance national security by facilitating timely responses to threats, critics contend that they pose serious risks to civil liberties, particularly regarding privacy rights and governmental overreach. The transformation of FISA reflects an ongoing struggle to reconcile effective security measures with the protection of constitutional rights in an evolving threat landscape.

Related terms

FISA Court: A special court established by FISA to oversee requests for surveillance warrants against foreign spies and agents, ensuring that the government's actions comply with constitutional standards.

Section 702: A provision of FISA that allows the government to collect foreign intelligence from non-U.S. persons located outside the United States without a warrant, raising privacy concerns regarding incidental collection of U.S. citizens' communications.

Patriot Act: Legislation passed in response to the September 11 attacks that expanded the government's surveillance capabilities, including amendments to FISA to facilitate information sharing between agencies.