Foreign Intelligence Surveillance Act

Definition

The Foreign Intelligence Surveillance Act (FISA) is a law enacted in 1978 that establishes procedures for the surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers. It provides a legal framework for electronic surveillance and physical searches, allowing the government to monitor communications for national security purposes while also aiming to protect citizens' privacy rights.

5 Must Know Facts For Your Next Test

1. FISA was created in response to concerns about government surveillance abuses during the Watergate scandal and the Vietnam War.
2. The act requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before conducting electronic surveillance on U.S. persons.
3. FISA has been amended multiple times, notably after the September 11 attacks, to expand surveillance capabilities in the interest of national security.
4. The act includes provisions to ensure that the rights of American citizens are protected during surveillance activities.
5. Controversies surrounding FISA include debates about privacy rights, transparency, and the balance between national security and civil liberties.

Review Questions

• How does the Foreign Intelligence Surveillance Act balance national security interests with the protection of individual privacy rights?
  • The Foreign Intelligence Surveillance Act aims to balance national security with privacy rights by requiring judicial oversight through the Foreign Intelligence Surveillance Court. While it allows for increased government surveillance capabilities to collect foreign intelligence, it also mandates that warrants be obtained for monitoring U.S. persons. This legal framework seeks to ensure that surveillance is conducted within constitutional bounds while still addressing threats to national security.
• Evaluate how amendments to FISA post-9/11 have changed the landscape of intelligence gathering in the United States.
  • Post-9/11 amendments to FISA have significantly expanded the government's ability to conduct surveillance without traditional warrants, particularly through provisions like Section 702. This has allowed for broader data collection on foreign targets and even incidental collection of information on U.S. citizens. While these changes aimed to enhance national security in the face of new threats, they have sparked ongoing debates about civil liberties, oversight, and transparency in government actions.
• Analyze the implications of FISA's provisions on international relations and global intelligence-sharing practices among nations.
  • The provisions of FISA impact international relations by establishing a legal framework that governs how U.S. intelligence agencies conduct surveillance on foreign entities. As countries engage in intelligence-sharing agreements, FISA's regulations influence trust levels between nations regarding data privacy and protection. The need for compliance with domestic laws while participating in global intelligence efforts poses challenges, as differing national standards on privacy and surveillance can create friction in diplomatic relations.

Related terms

Warrant: A legal document issued by a court authorizing law enforcement to conduct a search, seizure, or surveillance.

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

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.