The Foreign Intelligence Surveillance Act (FISA) is a United States federal law enacted on October 25, 1978, which establishes the legal framework for surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers suspected of espionage or terrorism. The Act is codified at 50 U.S.C. ch. 36[1].
FISA was created in response to revelations of domestic spying abuses by the U.S. government, including the Watergate scandal and surveillance against U.S. dissidents. It was intended to provide oversight and to protect U.S. persons’ privacy rights while allowing the government to collect vital foreign intelligence[3][4].
Under FISA, “U.S. persons” are defined as citizens of the U.S., aliens lawfully admitted for permanent residence, and other specified categories of individuals[3]. The Act outlines procedures for electronic surveillance and physical searches specifically targeting foreign powers and their agents operating within the United States. It also established the Foreign Intelligence Surveillance Court (FISC), a special federal court that reviews and approves surveillance applications[3][8].
FISA has been amended several times, notably by the FISA Amendments Act of 2008, which included Section 702. This section allows for the collection of foreign intelligence information concerning non-U.S. persons located outside the United States without a warrant. However, it has raised concerns due to incidental collection of U.S. persons’ data when they communicate with foreign targets[5][6][7].
The Act has been subject to debate and criticism, particularly regarding the balance between national security interests and civil liberties. Civil liberties groups, such as the ACLU, have advocated for reforms to increase oversight and protect privacy rights[4]. The reauthorization and potential reform of FISA, including Section 702, have been points of contention in Congress, with recent debates focusing on the necessity of the program for counterterrorism efforts versus the need for privacy protections[6].
Citations:
[1] https://law.gwu.libguides.com/FISA
[2] https://www.fletc.gov/audio/foreign-intelligence-surveillance-act-fisa-part-1-mp3
[3] https://www.fletc.gov/sites/default/files/imported_files/training/programs/legal-division/downloads-articles-and-faqs/research-by-subject/miscellaneous/ForeignIntelligenceSurveillanceAct.pdf
[4] https://www.aclu.org/documents/foreign-intelligence-surveillance-act-news-and-resources
[5] https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286
[6] https://abcnews.go.com/Politics/what-is-fisa-surveillance-law-in-spotlight/story?id=109138345
[7] https://www.fbi.gov/investigate/how-we-investigate/intelligence/foreign-intelligence-surveillance-act-fisa-and-section-702
[8] https://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court
[9] https://www.justice.gov/archive/ll/paa-dispelling-myths.html
[10] https://www.fisc.uscourts.gov/about-foreign-intelligence-surveillance-court
[11] https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act
[12] https://www.law.cornell.edu/uscode/text/50/1801
[13] https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf
[14] https://www.intel.gov/foreign-intelligence-surveillance-act/1238-the-foreign-intelligence-surveillance-court
[15] https://www.intel.gov/foreign-intelligence-surveillance-act/1234-categories-of-fisa
[16] https://www.nsa.gov/Signals-Intelligence/FISA/
[17] https://crsreports.congress.gov/product/pdf/R/R40138
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