Foreign intelligence surveillance act of 1978 amend. 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. 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. Congress should just say no 262008 aclu statement to the house judiciary committee on the use of the state secrets privilege 1292008. Section 109a of the foreign intelligence surveillance act of 1978 50 u. In 1978, it presented the foreign intelligence surveillance act to president carter, who signed it into law. Submittal to congress of certain court orders under the foreign intel ligence surveillance act of 1978. Federal register further amendments to executive orders. Last wednesday, the house of representatives reauthorized the foreign intelligence surveillance amendments act of 2008 faa, which expires at the.
Letter from attorney general mukasey and dni mcconnell on the amendments offered to the foreign intelligence surveillance act amendments act of 2008 july 07, 2008. 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. The fisa amendments act faa, codified as title vii of the foreign intelligence surveillance act. Leahy, from the committee on judiciary, submitted the following r e p o r t together with additional and minority views to accompany s. An act to amend the foreign intelligence surveillance act of 1978 to. The fisa amendments act of 2008 provides critically important authority for the u. By the authority vested in me as president by the constitution and the laws of the united states of america, including sections 104 and 303 of the foreign intelligence surveillance act of 1978 50 u. Subsection f of section 702 of the foreign intelligence surveillance act of 1978 50 u. This act is also known as the fisa amendments act of 2008.
The pros and cons of the foreign intelligence surveillance act. In september, the house of representatives passed the reauthorization of the foreign intelligence surveillance amendments act of 2008. Section 702 is supposed to do exactly what its name promises. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism. Fisa amendments act of 2008 act to amend the foreign intelligence surveillance act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.
Modernizing the foreign intelligence surveillance act. The foreign intelligence surveillance act of 1978 50 u. Under fisa, the attorney general can request that the foreign intelligence surveillance court fisc issue a sealed order permitting the government to. 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. The foreign intelligence surveillance act of 1978 fisa was enacted on october 25, 1978 and is codified at 50 u. That law amended the foreign intelligence surveillance act of 1978. Title vii of fisa, as added by the fisa amendments act of 2008, created. Surveillance and privacy under the obama administration. Activities under section 702 of the foreign intelligence surveillance act amendments act of 2008, has been rereleased with additional information declassified by agencies with the authority to do so. The foreign intelligence surveillance act, passed by congress in 1978, lays out the procedures for physical and electronic surveillance of foreign powers and agents. This amendment to fisa permitted the intelligence community to access domestic communications facilities when conducting surveillance on persons reasonably believed to be outside the us, provided that sufficient minimization techniques were employed to avoid intercepting the communications of u.
Surveillance act of 1978 amendments act of 2008 open pdf 210 kb. Section 702 is a surveillance authority passed as part of the fisa amendments act in 2008. The foreign intelligence surveillance act fisa of 1978. If the attorney general authorized the emergency employment of electronic surveillance or a physical search pursuant to section 105 or 304, the attorney general may authorize, for the. Repeal of nonapplicability to federal bureau of investigation of certain reporting requirements under foreign intelligence.
A breakdown of the patriot act, freedom act, and fisa. Other major changes to fisa include the fisa amendments act of 2008 faa, codified as title vii of fisa. The foreign intelligence surveillance act fisa was enacted in 1978 to provide a lawful procedure for such monitoring. Fisa an act to amend the foreign intelligence surveillance act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes. Home foreign intelligence surveillance act of 1978 fisa. Intelligence surveillance act of 1978 amendments act of 2o08 and the attorney generals guidelines for domestic fbi operations, two recently adopted documents that serve as a framework for the presidents efforts. Fisa was originally enacted in 1978 to provide the executive branch. Remarks by the president on the passage of fisa reform july 09, 2008. 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. Section 705 of the foreign intelligence surveillance act of 1978 50 u.
Notwithstanding any other provision of this act, any amendment made by this act, or the foreign intelligence surveillance act of 1978 50 u. Analysis, pros and cons introduction the foreign intelligence surveillance act fisa is an act of congress passed in 1978 and signed by the then president jimmy carter. The foreign intelligence surveillance modernization act of 2007 may 1, 2007 the center for advanced studies in science and technology policy, an independent, nonpartisan research organization focused on information, technology, and national security policy, has long advocated that the foreign intelligence surveillance act of 1978. Foreign intelligence surveillance court fisc to authorize the.
A copy of any certification submitted to the foreign intelligence surveillance court pursuant to section 702 of the foreign intelligence surveillance act of 1978 50 u. Foreign intelligence surveillance amendments act of 2008 the. The foreign intelligence surveillance act news and. Intelligence community to acquire foreign intelligence information by targeting foreign persons reasonably believed to be outside the united states. Foreign intelligence surveillance act synonyms, foreign intelligence surveillance act pronunciation, foreign intelligence surveillance act translation, english. To amend the foreign intelligence surveillance act of 1978 to establish a procedure. Foreign intelligence surveillance act fisa august 2, 2007, stating in pertinent part. Government printing office page 2435 foreign intelligence surveillance act of 1978 amendments act of 2008 page 122 stat. A hoover institution essay trends and predictions in. Unclassified report on the presidents surveillance program. Aclu letter to the house strongly urging members to vote no on s. Foreign intelligence surveillance act of 1978 amendments. Further amendments to executive orders 129 and 12949 in light of the foreign intelligence surveillance act of 1978 amendments act of 2008 open pdf 35 kb.
The fisa amendments act faa, codified as title vii of the foreign intelligence surveillance act fisa authorizes foreign intelligence surveillance activities that have been vital to keeping the nation safe. In september, the house of representatives passed the reauthorization of the foreign intelligence surveillance amendments act of 2008 faa, which made key updates to. Foreign intelligence surveillance act of 1978 amendments act of 2008. Further amendments to executive orders 129 and 12949 in light of the foreign intelligence surveillance act of 1978 amendments. Foreign intelligence surveillance act definition of. That includes us citizens and permanent residents suspected of espionage or terrorism. The fisa amendments act of 2008 also called the foreign intelligence surveillance act of 1978 amendments act of 2008, usbill110h.
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