Electronic Surveillance Modernization Act, as Passed by the House of Representatives
Abstract
After the New York Times reported that the National Security Agency (NSA) was conducting a secret Terrorist Surveillance Program (TSP), a national debate emerged about whether the program was subject to the Foreign Intelligence Surveillance Act (FISA), whether the Administration needed additional authority to continue the program, and how and whether Congress should oversee the program. The TSP involved surveillance without a warrant or court order under FISA of international communications of persons within the United States, where one party to the communication is believed to be a member of al Qaeda, affiliated with al Qaeda, a member of an organization affiliated with al Qaeda, or working in support of al Qaeda. The Bush Administration asserted constitutional and statutory support for its program. While describing electronic surveillance under FISA as a valuable tool in combating terrorism, the Administration argued that it lacked the speed and agility to deal with such terrorists or terrorist groups. In a January 17, 2007, letter to Chairman Leahy and Senator Specter of the Senate Judiciary Committee, Attorney General Gonzales advised them that, on January 10, 2007, a Foreign Intelligence Surveillance Court (FISC) judge issued orders authorizing the Government to target for collection international communications into or out of the United States where there is probable cause to believe that one of the communicants is a member or agent of al Qaeda or an associated terrorist organization. In light of these orders, which will allow the necessary speed and agility, he stated that all surveillance previously occurring under the TSP will now be conducted subject to the approval of the FISC. He indicated further that the President has determined not to reauthorize the TSP when the current authorization expires. The NSA program has been challenged on legal and constitutional grounds.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 18, 2007
- Accession Number
- ADA462094
Entities
People
- Elizabeth B. Bazan
Organizations
- Library of Congress