FISA

Definition

The Foreign Intelligence Surveillance Act (FISA) is a U.S. law enacted in 1978 that establishes procedures for the surveillance and collection of foreign intelligence information. FISA allows federal authorities to conduct electronic surveillance and physical searches without a traditional warrant, provided they follow specific guidelines to ensure that the targets are foreign powers or agents of foreign powers. This act plays a crucial role in the intersection of national security and civil liberties, balancing the need for security with protections against unlawful government surveillance.

5 Must Know Facts For Your Next Test

1. FISA was enacted to provide a legal framework for the government to conduct surveillance on foreign entities while protecting the constitutional rights of U.S. citizens.
2. The FISA Court (FISC) oversees requests for surveillance under FISA, providing a check on executive authority by requiring the government to demonstrate probable cause.
3. Post-9/11 amendments to FISA expanded the government's surveillance capabilities, particularly through the USA PATRIOT Act, which made it easier to monitor communications involving foreign terrorist threats.
4. FISA's provisions require that the primary purpose of surveillance must be to gather foreign intelligence, which means that if U.S. persons are incidentally collected, there are strict guidelines for handling that data.
5. FISA has been controversial due to concerns over privacy and civil liberties, leading to ongoing debates about its effectiveness and oversight.

Review Questions

• How does FISA balance national security needs with individual privacy rights?
  • FISA attempts to strike a balance by providing specific procedures for surveillance that require oversight from the FISA Court. By mandating that surveillance is primarily aimed at foreign powers, it seeks to limit the intrusion into the privacy of U.S. citizens. However, this balance has been challenged by critics who argue that the incidental collection of data from Americans can infringe on their privacy rights without sufficient safeguards.
• Discuss how amendments made to FISA after 9/11 have changed the landscape of surveillance in the U.S.
  • After 9/11, amendments to FISA significantly expanded surveillance powers through legislation like the USA PATRIOT Act. These changes allowed for more extensive warrantless surveillance, increased data collection from telecommunications providers, and facilitated monitoring of suspected terrorists. This shift aimed to enhance national security but raised concerns about overreach and the potential violation of civil liberties.
• Evaluate the implications of Section 702 of FISA on privacy rights and its impact on domestic data collection practices.
  • Section 702 allows for the targeted collection of foreign intelligence data without individual warrants, which has led to incidental collection of communications involving U.S. citizens. This has profound implications for privacy rights as it raises questions about how this data is handled and whether adequate protections are in place to prevent abuse. Critics argue that this can create a backdoor for government surveillance of Americans' communications, highlighting the need for reform to ensure transparency and accountability in domestic data collection practices.

Related terms

NSA:

The National Security Agency is a U.S. government agency responsible for signal intelligence and information assurance, playing a key role in national security and cybersecurity efforts.

Section 702: A provision of FISA that allows the government to collect foreign intelligence from non-U.S. persons located outside the United States, often leading to incidental collection of data from American citizens.

Warrantless Surveillance: Surveillance conducted without a traditional judicial warrant, often justified under FISA provisions when targeting foreign entities or threats.