Foreign Intelligence Surveillance Act (FISA)

Definition

The Foreign Intelligence Surveillance Act (FISA) is a United States law enacted in 1978 that governs the surveillance of foreign powers and individuals suspected of espionage or terrorism. It establishes procedures for the collection of foreign intelligence information while balancing national security needs with the protection of individual privacy rights, thereby connecting to the broader themes of surveillance and information privacy.

5 Must Know Facts For Your Next Test

1. FISA created the Foreign Intelligence Surveillance Court (FISC) to oversee requests for surveillance warrants against foreign spies and terrorists.
2. Initially passed in 1978, FISA has undergone several amendments and reauthorizations to adapt to new security threats and technological advancements.
3. FISA requires that any surveillance conducted on U.S. citizens must have a warrant based on probable cause, ensuring some level of judicial oversight.
4. The act has been criticized for its potential to infringe on civil liberties, particularly regarding mass surveillance programs revealed by whistleblowers like Edward Snowden.
5. FISA's provisions have been used to justify various controversial programs, including the bulk collection of telephone metadata by the NSA.

Review Questions

• How does FISA attempt to balance national security needs with individual privacy rights?
  • FISA attempts to balance national security needs with individual privacy rights by establishing legal frameworks that require judicial oversight for surveillance involving U.S. citizens. The law mandates that surveillance targeting foreign powers must still adhere to certain protections against unreasonable searches and seizures under the Fourth Amendment. This judicial check is intended to prevent potential abuses of power while allowing for necessary intelligence-gathering efforts.
• Discuss the implications of warrantless surveillance under FISA and its impact on civil liberties.
  • Warrantless surveillance under FISA has raised significant concerns about civil liberties, as it allows government agencies like the NSA to monitor individuals without obtaining a warrant in certain situations. Critics argue that this can lead to invasive practices that infringe on privacy rights and undermine constitutional protections. The lack of transparency surrounding these practices often contributes to public distrust in government surveillance programs and raises questions about accountability and oversight.
• Evaluate the role of the USA PATRIOT Act in shaping FISA's provisions post-9/11 and its long-term effects on surveillance practices.
  • The USA PATRIOT Act significantly reshaped FISA's provisions following the September 11 attacks by expanding the government's ability to conduct surveillance in an effort to enhance national security. This included measures such as increased access to personal records and enhanced sharing of information between agencies. While intended to bolster counterterrorism efforts, these changes have sparked ongoing debates about the trade-offs between security and privacy, leading to calls for reform and greater oversight of surveillance practices in order to protect civil liberties in an age of heightened security concerns.

Related terms

National Security Agency (NSA): The NSA is a U.S. government agency responsible for signal intelligence and information assurance, playing a critical role in national security and the implementation of FISA.

Warrantless Surveillance: Warrantless surveillance refers to monitoring activities conducted without a judicial warrant, which has been a controversial aspect of FISA's implementation.

USA PATRIOT Act:

The USA PATRIOT Act, enacted in response to the September 11 attacks, expanded the government's surveillance capabilities, including provisions that affect FISA's scope.