Foreign intelligence surveillance act of 1978 amendments act of 2008 pdf

Under fisa, the attorney general can request that the foreign intelligence surveillance court fisc issue a sealed order permitting the government to. Title vii of fisa, as added by the fisa amendments act of 2008, created. Like title iii of the omnibus crime control and safe streets act of 1968 the wiretap act, the fisa legislation was the result of congressional investigations into federal surveillance activities conducted in the name of national security. 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. That includes us citizens and permanent residents suspected of espionage or terrorism. The foreign intelligence surveillance act of 1978, p. 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. Further amendments to executive orders 129 and 12949 in light of the foreign intelligence surveillance act of 1978 amendments act of 2008 open pdf 35 kb.

Surveillance act of 1978 amendments act of 2008 open pdf 210 kb. 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. Intelligence community to acquire foreign intelligence information by targeting foreign persons reasonably believed to be outside the united states. The pros and cons of the foreign intelligence surveillance act. Annual publication of statistics on number of persons targeted outside the united states under certain foreign intelligence surveillance act of 1978 authority. Unclassified report on the presidents surveillance program. Notwithstanding any other provision of this act, any amendment made by this act, or the foreign intelligence surveillance act of 1978 50 u. Submittal to congress of certain court orders under the foreign intel ligence surveillance act of 1978. The foreign intelligence surveillance modernization act of 2007 may 1, 2007 the center for advanced studies in science and technology policy, an independent, nonpartisan research organization focused on information, technology, and national security policy, has long advocated that the foreign intelligence surveillance act of 1978. This act is also known as the fisa amendments act of 2008. Foreign intelligence surveillance court fisc to authorize the. Congress should just say no 262008 aclu statement to the house judiciary committee on the use of the state secrets privilege 1292008. Subsection f of section 702 of the foreign intelligence surveillance act of 1978 50 u.

Section 702 is supposed to do exactly what its name promises. An act to amend the foreign intelligence surveillance act of 1978 to. This amendment to fisa permitted the intelligence community to access domestic communications facilities when conducting surveillance on persons reasonably believed to be outside the us, provided that sufficient minimization techniques were employed to avoid intercepting the communications of u. In september, the house of representatives passed the reauthorization of the foreign intelligence surveillance amendments act of 2008. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism. The act has been amended several times, most notably by the foreign intelligence surveillance act of 1978 amendments act of 2008 fisa amendments act. Activities under section 702 of the foreign intelligence surveillance act amendments act of 2008, has been rereleased with additional information declassified by agencies with the authority to do so. Government printing office page 2435 foreign intelligence surveillance act of 1978 amendments act of 2008 page 122 stat. Foreign intelligence surveillance amendments act of 2008. Last wednesday, the house of representatives reauthorized the foreign intelligence surveillance amendments act of 2008 faa, which expires at the. Federal register further amendments to executive orders. The foreign intelligence surveillance act fisa controls how the u.

The fisa amendments act faa, codified as title vii of the foreign intelligence surveillance act. By the authority vested in me as president by the constitution and the laws of the united states of america, including sections 104 and 303 of the foreign intelligence surveillance act of 1978 50 u. Fisa an act to amend the foreign intelligence surveillance act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes. Modernizing the foreign intelligence surveillance act. Aclu letter to the house strongly urging members to vote no on s. Section 705 of the foreign intelligence surveillance act of 1978 50 u. 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. These amendments established procedures governing the targetingfor intelligence gathering purposesof nonunited states persons located abroad. Analysis, pros and cons introduction the foreign intelligence surveillance act fisa is an act of congress passed in 1978 and signed by the then president jimmy carter. If the attorney general authorized the emergency employment of electronic surveillance or a physical search pursuant to section 105 or 304, the attorney general may authorize, for the. That law amended the foreign intelligence surveillance act of 1978. Foreign intelligence surveillance act of 1978 amend.

Further amendments to executive orders 129 and 12949 in light of the foreign intelligence surveillance act of 1978 amendments. The foreign intelligence surveillance act fisa was enacted in 1978 to provide a lawful procedure for such monitoring. Section 109a of the foreign intelligence surveillance act of 1978 50 u. To amend the foreign intelligence surveillance act of 1978 to establish a procedure. Leahy, from the committee on judiciary, submitted the following r e p o r t together with additional and minority views to accompany s. The following pages in this version of the report contain information that was previously redacted. A hoover institution essay trends and predictions in. Fisa was originally enacted in 1978 to provide the executive branch. Home foreign intelligence surveillance act of 1978 fisa. Remarks by the president on the passage of fisa reform july 09, 2008. The foreign intelligence surveillance act news and. That law established, first, that noncriminal electronic surveillances within the united states were only permissible for the purpose of collecting foreign intelligence andor foreign counterintelligence. Foreign intelligence surveillance act of 1978 amendments act of 2008. The fisa amendments act of 2008 also called the foreign intelligence surveillance act of 1978 amendments act of 2008, usbill110h.

Surveillance and privacy under the obama administration. Other major changes to fisa include the fisa amendments act of 2008 faa, codified as title vii of fisa. Fisa amendments act of 2008 act to amend the foreign intelligence surveillance act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes. The fisa amendments act of 2008 provides critically important authority for the u. 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. Current and past members of foreign intelligence surveillance court, 197820 download. A breakdown of the patriot act, freedom act, and fisa. Foreign intelligence surveillance amendments act of 2008 the. Foreign intelligence surveillance act synonyms, foreign intelligence surveillance act pronunciation, foreign intelligence surveillance act translation, english.

The foreign intelligence surveillance act fisa of 1978. In september, the house of representatives passed the reauthorization of the foreign intelligence surveillance amendments act of 2008 faa, which made key updates to. Section 702 is a surveillance authority passed as part of the fisa amendments act in 2008. In 1978, it presented the foreign intelligence surveillance act to president carter, who signed it into law. Letter from attorney general mukasey and dni mcconnell on the amendments offered to the foreign intelligence surveillance act amendments act of 2008 july 07, 2008.

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. Foreign intelligence surveillance act fisa august 2, 2007, stating in pertinent part. Repeal of nonapplicability to federal bureau of investigation of certain reporting requirements under foreign intelligence. Foreign intelligence surveillance act of 1978 amendments. The foreign intelligence surveillance act of 1978 50 u. The foreign intelligence surveillance act, passed by congress in 1978, lays out the procedures for physical and electronic surveillance of foreign powers and agents. Foreign intelligence surveillance act definition of. Retroactive liability protection is critical to our national security july 08, 2008. The foreign intelligence surveillance act of 1978 fisa was enacted on october 25, 1978 and is codified at 50 u. Intelligence surveillance act of 1978 amendments act of 2o08 and the attorney generals guidelines for domestic fbi operations, two recently adopted documents that serve as a framework for the presidents efforts.