Foreign Intelligence Surveillance Act

Definition

The Foreign Intelligence Surveillance Act (FISA) is a U.S. law enacted in 1978 that establishes a framework for the surveillance and collection of foreign intelligence information. FISA aims to balance national security needs with individual rights and civil liberties by requiring government agencies to obtain court approval for surveillance activities targeting foreign powers or agents of foreign powers.

5 Must Know Facts For Your Next Test

1. FISA established the Foreign Intelligence Surveillance Court (FISC), which reviews requests for surveillance warrants and ensures compliance with legal standards.
2. The Act originally focused on foreign intelligence but has raised concerns over domestic surveillance due to the broad definitions of 'foreign powers' and 'agents.'
3. FISA was amended several times, notably by the USA PATRIOT Act in 2001, which expanded the government's ability to conduct surveillance without a traditional warrant.
4. Surveillance under FISA can include wiretaps, email monitoring, and other forms of electronic surveillance, primarily aimed at collecting foreign intelligence.
5. The law includes provisions for protecting individual rights, requiring minimization procedures to limit the collection of information about U.S. persons.

Review Questions

• How does the Foreign Intelligence Surveillance Act balance national security interests with individual rights?
  • The Foreign Intelligence Surveillance Act attempts to strike a balance between national security and individual rights by requiring government agencies to obtain warrants from the Foreign Intelligence Surveillance Court before conducting surveillance. This judicial oversight is meant to ensure that surveillance activities targeting foreign powers do not infringe upon the civil liberties of American citizens. The law includes provisions that mandate minimization procedures to protect individuals’ privacy, reflecting an effort to safeguard civil liberties while addressing security needs.
• Discuss the impact of the USA PATRIOT Act on the original framework of FISA and its implications for civil liberties.
  • The USA PATRIOT Act significantly modified FISA by broadening the government's surveillance capabilities and reducing the requirements for obtaining warrants. It allowed for more extensive monitoring of communications and made it easier for authorities to target individuals suspected of being associated with foreign powers. While proponents argue that these changes enhance national security, critics raise concerns about potential abuses of power and violations of civil liberties, highlighting the ongoing tension between effective intelligence gathering and protecting individual rights.
• Evaluate how FISA has evolved since its enactment in 1978 and the broader implications this has on privacy rights in America.
  • Since its enactment in 1978, FISA has undergone several amendments reflecting changing security concerns and technological advancements. The introduction of the USA PATRIOT Act marked a significant shift towards more aggressive surveillance measures, leading to debates about privacy rights in America. The evolution of FISA illustrates the ongoing struggle between maintaining national security and preserving individual freedoms. With increasing reliance on technology for communication, the implications of these legal frameworks on privacy continue to prompt discussions about civil liberties in a modern context.

Related terms

Electronic Communications Privacy Act: A U.S. law that extends government restrictions on wiretaps from telephone calls to include transmissions of electronic data.

National Security Agency (NSA): A U.S. government agency responsible for signals intelligence and information assurance, playing a key role in implementing FISA and other surveillance activities.

USA PATRIOT Act: A law enacted in response to the September 11 attacks, which expanded the government's surveillance capabilities, including amendments to FISA that made it easier to conduct intelligence-gathering activities.