Nsi policy paper fisa amendments act reauthorization. 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. That law amended the foreign intelligence surveillance act of 1978. In contrast, the reauthorization being debated in 2012 deals with title vii of fisa, as added by the fisa amendments act of 2008. Rockefeller iv, chairman of the senate intelligence committee.
The fisa act is supposed to be used to spy on foreigners on foreign lands, sen. We are writing to urge that the congress reauthorize title vli of the foreign intelligence surveillance act fisa enacted by the fisa amendments act 0 2008 faa, which is set to expire at the end ofthis year. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism. Foreign intelligence surveillance act of 1978 amendments. Days later, from the rose garden at the white house, he stated that the new law will allow our intelligence professionals to quickly and effectively monitor the. What really is at stake with the fisa amendments act of 2008 and ideas for future surveillance reform what is heinonline. Section 702 of the foreign intelligence surveillance act fisa will, in its current form, come up for reauthorization in 2017.
Section 702 of the fisa amendments act, a law first passed in 2008 and reauthorized in 2012. Nsa fact sheet on section 702 of the foreign intelligence. Other major changes to fisa include the fisa amendments act of 2008 faa, codified as title vii of fisa. My initial interest in the foreign intelligence surveillance act fisa was sparked by president bushs urgent demand for amendments to fisa on 28 july 2007, as a result of a secret court ruling. In september, the house of representatives passed the reauthorization of the foreign intelligence surveillance amendments act of 2008 faa, which made key updates to the authorities granted to u. 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. Fisa amendments act of 2008 section 702 summary document prepared by the office of general counsel ogc formatting, section titles, and the outline in the left margin added by adet. One hundred tenth congress of the united states of america at the second session begun and held at the city of washington on thursday, the third day of january, two thousand and eight an act to amend the foreign intelligence surveillance act of 1978 to establish a procedure.
Title vii offisa allows the intelligence community to collect vital infomlation about international terrorists and. Retroactive immunity provided by the fisa amendments act. Subsection f of section 702 of the foreign intelligence surveillance act of 1978 50 u. This article concludes that while there is potential for abuse if government officials violate the clear word. The fisa amendments act after considering a number of options and passing stopgap legislation the protect america act to provide temporary relief for the intelligence community, congress ultimately passed the fisa amendments act in july 2008. Heinonline is a subscriptionbased resource containing nearly 2,700 academic and legal journals from inception. Foreign intelligence surveillance act fisa, fisa amendments act faa, terrorist surveillance progam, fisa reform suggested citation. Title vii offisa allows the intelligence community to collect vital. Freedom act, which circumscribed the governments ability to obtain telephone records as part of its foreign intelligence gathering operations. Statement by the president on fisa amendments reauthorization. This section extends fisa amendment act of 2008 until december 31, 2025 two years beyond the proposed sunset in the house judiciary committees bill, the usa liberty act. Fisa amendments act of 2008 congress grants telecommunications companies retroactive immunity from civil suits for complying with nsa terrorist surveillance program.
Jessica zuckerman studies homeland security, with a concentration on latin america. Restore act of 2007, on november 15, 2007, 3 while s. Fix fisa end warrantless wiretapping american civil. Apr 17, 2020 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. Part 2 presents six issues that i think are most likely to arise in connection with a legislative extension of the faa, which is otherwise set to expire at the end of 2017. The fisa amendments act, passed in 2008 and reauthorized in 2012, gives the national security agency almost unchecked power to monitor americans international phone calls and emails. Letter re title vii of the foreign intelligence surveillance.
Fisa amendments act of 2008 section 702 summary document. Section 702 is a surveillance authority passed as part of the fisa amendments act in 2008. Foreign intelligence surveillance amendments act of 2008. Protect america act of 2007 and fisa amendments act of 2008. This legislation was the congressional response to the exposure during multiple committee hearings of previous. Rather than rein in this abuse of power, lawmakers caved in to the administration and gave the nsa even more expan. Fisa, the patriot act, and the freedom act include many provisions that are arguably unconstitutional, specifically violating the first and fourth amendments.
As described in the briefing accompanying this training, in july 2008, congress enacted the foreign intelligence surveillance act of 1978 amendments act of 2008 faa. Fisa amendments act of 2008 updated june 19, 2008 6. Report on the fisa amendments act of 2008 in an increasingly interconnected modern world, americans constantly communicate with friends, relatives, colleagues, and business partners overseas by electronic means. 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. Targeting directed at foreign governments and similar entities. What really is at stake with the fisa amendments act of. The foreign intelligence surveillance act fisa controls how the u. Suggested citation blum, stephanie cooper, what really is at stake with the fisa amendments act of 2008 and ideas for future surveillance reform. 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. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Congress added title vii of fisa in 2008 to permit additional procedures for.
It has been used as the legal basis for surveillance programs disclosed by edward snowden in. The fisa amendments act of 2008 provides critically important authority for the u. In terms of the first amendment, which guarantees freedom of speech, law enforcement under the patriot act can prohibit the recipients of a search from telling others about the search. Intelligence community to acquire foreign intelligence. The foreign intelligence surveillance act of 1978 fisa pub. The fisa amendments act was enacted in 2008 in order to address a major challenge. The act reauthorizes title vii of the foreign intelligence surveillance act until december 31.
Section 702 of the foreign intelligence surveillance act in its motion, the aclu seeks infonnation about, and the opportunity to participate in, jhdicial proceedings required under section 702i of the foreign intelligence survei. Title vii of fisa, as added by the fisa amendments act of 2008. Maintaining americas ability to collect foreign intelligence. Last summer, the bush administration came to congress seeking emergency changes to the foreign intelligence surveillance act fisa to address a gap that had arisen in our intelligence collection capabilities, according to administration officials. Foreign intelligence surveillance act of 1978 amendments act. Intelligence community to acquire foreign intelligence information by targeting foreign persons reasonably. A breakdown of the patriot act, freedom act, and fisa. On october 29, 2012, the supreme court heard arguments in the aclus challenge to the law. The fisa amendments act faa, codified as title vii of the foreign intelligence surveillance act. Bush signed the foreign intelligence surveillance act of 1978 amendments acts of 2008 faa into law. This document summarizes the way the law works and describes the three types of certifications used to permit the surveillance, as well as. Testimony on fisa amendments act reauthorization senate. However, it lacks stronger language that was contained in prior house bills that included clear statutory directives about when the government should return to the fisa court and obtain an individualized order if it wants to continue listening to a us persons communications.
Section 216, which governs access to online activity, such as email contact information or internet browsing histories. Fisa amendments act of 2008 legal resources intelligence. We found that agency controls for monitoring query compliance have not been completely developedu highlights u. I began this document to collect quotations from news sources after 27 july 2007, as a resource for students of legal history. Congress enacted the foreign intelligence surveillance act of 1978.
On monday, october 29, the supreme court heard oral argument in clapper v. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Mcadams, iii senior legal instructor legal division introduction the foreign intelligence surveillance act fisa 1 was enacted in 1978. May not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to. Reauthorization amendments act of 2006, the fisa amendments act of 2008, the fisa sunsets extension act in 2012, and the usa freedom act of 2015. One of the primary purposes in enacting the faa was the creation of a new way for the us government to compel providers of electronic communications. To amend the foreign intelligence surveillance act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes. One hundred tenth congress of the united states of america. The fisa amendments act of 2008, also called the faa and foreign intelligence surveillance. To amend the foreign intelligence surveillance act of 1978 to establish a procedure.
May, 2016 while it is reauthorizing fisa amendments act, congress should reform section 704 may, 2016 6 comments in eo 12333, fisa by emptywheel on tuesday, the senate judiciary committee had a public hearing on fisa amendments act reauthorization, which will take place in the next year. Why the fisa amendments act is unconstitutional for years, the national security agency nsa illegally intercepted millions of americans emails and phone calls. I began this document to collect quotations from news sources after 27 july 2007, as a. Government printing office page 2435 foreign intelligence surveillance act of 1978 amendments act of 2008 page 122 stat.
Fisa amendments act of 2008 updated june 19, 2008 5. Kit bond, the ranking republican on the senate select committee on. Foreign intelligence surveillance act of 1978 amendments act of 2008. While it is reauthorizing fisa amendments act, congress. So long as the purpose of that acquisition was to acquire. Jun 30, 2014 fisa amendments act of 2008 section 702 summary document. Foreign intelligence surveillance act of 1978 amendments act of 2008 or fisa amendments act of 2008 title i. Section 702 is supposed to do exactly what its name promises. A hoover institution essay trends and predictions in.
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