Suggested citation blum, stephanie cooper, what really is at stake with the fisa amendments act of 2008 and ideas for future surveillance reform may 4, 2009. Fisa amendments act of 2008 organized stalking awareness. That law amended the foreign intelligence surveillance act of 1978. Amendments act of 2008 fisa amendments act of 2oo8 and 2 the attorney generals guidelines for domestic fbi operations the 2008 guidelines. Surveillance and privacy under the obama administration. Misc 0801 opposition to the american civil liberties unions motion for lea ve to participate in proceedings required by 702i of the fisa amendments act of 2008 j. Section 702 of the fisa amendments act, a law first passed in 2008 and reauthorized in 2012.
Rockefeller iv, chairman of the senate intelligence committee. Fisa amendments act of 2008 legal resources intelligence. Fisa amendments act of 2008 updated june 19, 2008 6. Doj urges supreme court to halt challenge to warrantless. Section 702 permits the attorney general and the director of national intelligence dni to jointly authorize the targeting of foreigners reasonably believed to be. Fisa amendments act of 2008 congress grants telecommunications companies retroactive immunity from civil suits for complying with nsa terrorist surveillance program. This document summarizes the way the law works and describes the three types of certifications used to permit the surveillance, as well as. As described in the briefing accompanying this training, in july 2008. Fisa and the guidelines emerged out of the watergate scandal and church committee era and represented an attempt to prevent. 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. The fisa amendments act of 2008 provides critically important authority for the u. As explained in nsdc76 in this clearinghouse, the fisa amendments act of 2008 faa included a new title giving the government the authority to monitor electronic communications of foreigners abroad. Foreign intelligence surveillance act of 1978 amendments act of 2008.
What really is at stake with the fisa amendments act of. In re proceedings required by 702i of the fisa amendments. 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. Retroactive immunity provided by the fisa amendments act. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Foreign intelligence surveillance amendments act of 2008 the. Bush signed the foreign intelligence surveillance act of 1978 amendments acts of 2008 faa into law.
Government printing office page 2435 foreign intelligence surveillance act of 1978. Section 702 permits the attorney general and the director of national intelligence dni to jointly authorize the targeting of foreigners. Foreign intelligence surveillance act of 1978 amendments act. It has been used as the legal basis for surveillance programs leaked by edward snowden in 20, including prism. Kit bond, the ranking republican on the senate select committee on. 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. Section 216, which governs access to online activity, such as email contact information or internet browsing histories. In september, the house of representatives passed the reauthorization of the foreign intelligence surveillance amendments act of 2008. What really is at stake with the fisa amendments act of 2008 and ideas for future surveillance reform.
Congress added title vii of fisa in 2008 to permit additional procedures for targeting. Foreign intelligence surveillance act of 1978 amendments act of 2008 or fisa amendments act of 2008 title i. 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. It means that the foreign intelligence surveillance act is the only, the exclusive, means for conducting electronic surveillance inside the united states for foreign intelligence purposes. I began this document to collect quotations from news sources after 27 july 2007, as a resource for students of legal history. Last wednesday, the house of representatives reauthorized the foreign intelligence surveillance amendments act of 2008 faa, which expires at the end of the year.
This document summarizes the way the law works and describes the three types of certifications used to permit the surveillance, as well as targeting and minimization procedures. 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. This article concludes that while there is potential for abuse if government officials violate the clear word. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism. What really is at stake with the fisa amendments act of 2008. Subsection f of section 702 of the foreign intelligence surveillance act of 1978 50 u. 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. Retroactive immunity provided by the fisa amendments act of 2008. Section 702 is a surveillance authority passed as part of the fisa amendments act in 2008. The foreign intelligence surveillance act fisa controls how the u. Fisa amendments act of 2008 section 702 summary document. Title vii of fisa, as added by the fisa amendments act of 2008, created new separate. James clapper, the director of national intelligence dni, and u. Congress enacted the foreign intelligence surveillance act of 1978.
Foreign intelligence surveillance act fisa, fisa amendments act faa, terrorist surveillance progam, fisa reform suggested citation. Intelligence community to acquire foreign intelligence. The fisa amendments act faa, codified as title vii of the foreign intelligence. Fisa amendments act of 2008 speeches united states.
Restore act of 2007, on november 15, 2007, 3 while s. Nov, 2012 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. Patrick rowan acting assistant attorney general matthew g. The foreign intelligence surveillance act of 1978 fisa pub. The fisa amendments act was enacted in 2008 in order to address a major challenge. Nsi policy paper fisa amendments act reauthorization. On june 19, 2008, representative silvestre reyes introduced the fisa amendments act of 200829 in the house. Notwithstanding any other provision of law, and subject to paragraph 4, unless the attorney general and the director of national intelligence make a determination pursuant to section 702c2 of the foreign intelligence surveillance act of 1978 50 u.
Act fisa amendments act reauthorization act of 2012, which. Foreign intelligence surveillance act of 1978 amendments. 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. 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. Fisa amendments act of 2008 updated june 19, 2008 5. 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.
Full text of enrolled bill senate vote summary summary. Protect america act of 2007 and fisa amendments act of 2008. Section 702 is supposed to do exactly what its name promises. 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. Stephanie cooper, what really is at stake with the fisa amendments act of 2008 and ideas for future surveillance reform may 4, 2009. Attorney general ag eric holder have informed leaders in congress that reauthorizing the faa. 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. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1. Foreign intelligence surveillance act of 1978 amendments act of 2008 or fisa. The summary has been expanded because action occurred on the measure. 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. 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. Foreign intelligence surveillance amendments act of 2008.
965 887 1058 454 31 799 728 1385 707 104 968 533 566 503 215 49 732 289 1376 591 710 1392 635 115 1353 450 1046 1299 405