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🧸us history – 1945 to present review

key term - Foreign Intelligence Surveillance Act of 1978

Citation:

Definition

The Foreign Intelligence Surveillance Act (FISA) of 1978 is a United States federal law that establishes a legal framework for the surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers. This act was a direct response to the abuses of intelligence practices exposed during the Watergate scandal, aiming to provide a balance between national security needs and individual privacy rights.

5 Must Know Facts For Your Next Test

  1. FISA created a special court, known as the Foreign Intelligence Surveillance Court (FISC), to oversee requests for surveillance warrants against foreign spies or terrorists.
  2. Before FISA, there were minimal legal restrictions on domestic surveillance conducted by the government, which led to widespread abuses that were highlighted during investigations of the Watergate scandal.
  3. The act requires government agencies to obtain warrants for electronic surveillance if the target is a U.S. citizen or resident, providing some level of judicial oversight.
  4. FISA has been amended several times since its enactment, especially after the events of September 11, 2001, to expand the government's surveillance capabilities in the name of national security.
  5. The establishment of FISA represented a significant shift towards requiring legal justification for surveillance activities, reflecting a growing concern for civil liberties in the wake of government abuses during the previous decade.

Review Questions

  • How did the Watergate scandal influence the creation of the Foreign Intelligence Surveillance Act of 1978?
    • The Watergate scandal revealed serious abuses of power and questionable surveillance practices by government officials, which led to public outcry and demands for accountability. In response, Congress sought to establish clearer legal standards and oversight mechanisms for intelligence activities. The Foreign Intelligence Surveillance Act of 1978 was enacted as a way to balance national security interests with protecting individual rights, ensuring that any surveillance of U.S. citizens or residents was subject to judicial review.
  • Discuss the role of the Foreign Intelligence Surveillance Court (FISC) established by FISA in overseeing government surveillance activities.
    • The Foreign Intelligence Surveillance Court (FISC) plays a crucial role in maintaining checks and balances on government surveillance practices under FISA. It reviews applications for surveillance warrants, ensuring that requests meet legal standards and are justified based on credible evidence. This judicial oversight aims to prevent abuse of power by intelligence agencies while allowing them to effectively gather foreign intelligence necessary for national security.
  • Evaluate the impact of FISA amendments post-9/11 on civil liberties and national security, considering ongoing debates surrounding surveillance practices.
    • The amendments made to FISA after September 11, 2001, significantly broadened the government's authority to conduct surveillance without traditional legal constraints, reflecting an urgent need for enhanced national security measures. However, this expansion has sparked intense debates regarding civil liberties and privacy rights, with critics arguing that such changes infringe upon constitutional protections. The tension between ensuring national security and safeguarding individual freedoms continues to be a focal point in discussions about the scope and limits of government surveillance in a post-9/11 world.