The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions
Abstract
The Foreign Intelligence Surveillance Act, 50 U.S.C. 1801 et seq., (FISA) as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices, and access to certain business records. The USA PATRIOT Act of 2001, P.L. 107-56, made significant changes to some of these provisions. Further amendments were included in the Intelligence Authorization Act for Fiscal Year 2002, P.L. 107-108, and the Homeland Security Act of 2002, P.L. 107-296. On May 17, 2002, the U.S. Foreign Intelligence Surveillance Court (FISC) issued a memorandum opinion and order written by the then Presiding Judge of the court. In the decision, the FISC considered a motion by the U.S. Department of Justice "to vacate the minimization and 'wall' procedures in all cases now or ever before the Court, including this Court's adoption of the Attorney General's July 1995 intelligence sharing procedures, which are not consistent with new intelligence sharing procedures submitted for approval with this motion." The FISC granted the Department's motion, but modified part of the proposed minimization procedures. While this FISC decision was not appealed directly, the Department of Justice did seek review of a FISC order authorizing electronic surveillance of an agent of a foreign power and of a FISC order renewing that surveillance, both subject to restrictions based upon the May 17th memorandum opinion and order by the FISC. The U.S. Foreign Intelligence Surveillance Court of Review reversed and remanded the FISC orders on November 18, 2002. This report will examine the detailed statutory structure provided by the FISA, as amended, and related provisions of E.O. 12333, and discuss the decisions of the U.S. FISC and the U.S. Foreign Intelligence Surveillance Court of Review.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 31, 2003
- Accession Number
- ADA520380
Entities
People
- Elizabeth B. Bazan
Organizations
- Library of Congress