Foreign Intelligence Surveillance Act

The Foreign Intelligence Surveillance Act (FISA) of 1978 prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States on behalf of a foreign power. The newly created Patriot Act made significant changes to some of the provisions of FISA. Nine months after the September 11th terrorist attack, proposals to amend FISA were submitted. The amendments give law enforcement all the tools necessary to allow cross agency intelligence sharing, to prevent future terror attacks on America.

As the bill's name implies, the original Act authorized proceedures for granting surveillance against a foreign intelligence agency, with no provisions for non-state actors such as al Qaeda or an international drug cartel. The 2002 Amendments to the bill allowed for these changes although the outdated 'Foreign Intelligence' title of the bill, and FISA courts which the bill establishes to hear 'secret evidence' in granting warrant applications remained. Furthermore, technological development expanded the meaning of the term 'wiretap'. While earlier amendments expanded the meaning of wiretap beyond a microphone plant or hardwire tap on a telephone to satellite, microwave, and radar collection, the original law authorized 'wiretaps' only on a telephone number. With the advent of cell phones, which made it cheap and easy to change phone numbers, the authorization to 'wiretap' was changed from a telephone to a person, regardless of what telephone they may be using at any time.

See also

• Warrant canary