The foreign intelligence surveillance act, the fisa amendments act faa, section 702, prism, upstream, 50 u. The foreign intelligence surveillance act of 1978 fisa pub. 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. This case challenges the constitutionality of the fisa amendments act of 2008 a law that gives the government virtually unchecked authority to intercept americans international emails and telephone calls. Testimony on fisa amendments act reauthorization senate. Until 2008, fisa applied only to investigative conduct inside the united states. When news of the prism data collection and surveillance program broke in early june 20, it shook up the cyber security debate, and called into question just how much information the us. 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. This document summarizes the way the law works and describes the three types of certifications used to permit the surveillance, as well as. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Why the fisa amendments act is unconstitutional for years, the national security agency nsa illegally intercepted millions of americans emails and phone calls. 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.
It has been used as the legal basis for mass surveillance programs disclosed by edward snowden in 2014, including prism. 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. While it is reauthorizing fisa amendments act, congress. Fisa amendments act of 2008 archives just security. Reforms the secret foreign intelligence surveillance act fisa court.
The fisa amendments act authorizes warrantless spying on americans. Correcting the record on the section 702 house floor debate. 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. 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. The fisa amendments act authorizes warrantless spying on. Fisa amendments act of 2008 updated june 19, 2008 6.
That law amended the foreign intelligence surveillance act of 1978. 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. Kit bond, the ranking republican on the senate select committee on. Section 702 is supposed to do exactly what its name promises. An act to extend the fisa amendments act of 2008 for five years united states. Rather than rein in this abuse of power, lawmakers caved in to the administration and gave the nsa even more expan. Next week, the lame duck congress will take up the issue of whether to extend the foreign intelligence surveillance act fisa amendments act faa of 2008. 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. The fisa amendments act of 2008 also called the foreign intelligence surveillance act of 1978 amendments act of 2008, h.
Section 702 is a surveillance authority passed as part of the fisa amendments act in 2008. Comparison of key provisions of fisa reauthorization. The fisa amendments act of 2008 also called the foreign intelligence surveillance act of 1978 amendments act of 2008, usbill110h. Notwithstanding any other provision of this act, any amendment made by this act, or the foreign intelligence surveillance act of 1978 50 u. Restore act of 2007, on november 15, 2007, 3 while s. Fisa amendments act of 2008 speeches united states. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism. Jessica zuckerman studies homeland security, with a concentration on latin america. The exclusivity language in this bill is identical in substance to the amendment i. Foreign intelligence surveillance act of 1978 amendments.
Published united states court of appeals for the fourth. In 1978, it presented the foreign intelligence surveillance act to president carter, who signed it into law. Protect america act of 2007 and fisa amendments act of 2008. 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. Comparison of key provisions of fisa reauthorization amendments act s. 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. Foreign intelligence surveillance act of 1978 amendments act of 2008 or fisa amendments act of 2008 title i. An act to extend the fisa amendments act of 2008 for five. In february of 2008, the senate passed an amendment in the nature of a substitute to h. The foreign intelligence surveillance act fisa controls how the 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. Fisa amendments act of 2008 section 702 summary document. 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.
Foreign intelligence surveillance amendments act of 2008. Fisa amendments act of 2008 updated june 19, 2008 5. The attorney generals report on the use of pen registers and trap and trace devices under the foreign intelligence surveillance act. The nyclu and aclu filed the lawsuit on behalf of a broad coalition of attorneys and human rights, labor, legal and media organizations whose ability to perform their. Community free to conduct surveillance on overseas targets without the undue burden of court. Retroactive immunity provided by the fisa amendments act of 2008 in november of 2007, the house of representatives passed h. 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. Retroactive immunity provided by the fisa amendments act.
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