Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire May 27 2011

Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire May 27 2011
Author: Edward C. Liu
Publisher: DIANE Publishing
Total Pages: 19
Release: 2011-05
Genre: Reference
ISBN: 1437983189

Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on May 27, 2011. The three sun-setting amendments expanded the scope of federal intelligence gathering authority following the 9/11 terrorist attacks. Contents of this report: (1) Overview; (2) Background: Distinction Between FISA Court Orders and Warrants in Criminal Investigations; Distinction Between FISA Court Orders and National Security Letters; Expiring FISA Amendments; "Lone Wolf" Terrorists; Roving Wiretaps; Access to Business Records Under FISA; (3) Effect of Sunset Provisions; (4) Legislative Proposals in the 112th Congress. This is a print on demand edition of an important, hard-to-find publication.

The Foreign Intelligence Surveillance Act

The Foreign Intelligence Surveillance Act
Author: Elizabeth B. Bazan
Publisher:
Total Pages: 0
Release: 2008
Genre: Electronic surveillance
ISBN:

The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate-the Fourth and First Amendments. This report briefly examines these issues and sets them in context. The 110th Congress has been very active in developing and considering measures to amend FISA to address these issues. On August 5, 2007, the Protect America Act, P.L. 110-55, was enacted into law. It expired on February 16, 2008, after passage of a 15-day extension to its original sunset date, P.L. 110-182. On November 15, 2007, the House of Representatives passed H.R. 3773, the RESTORE Act of 2007. On February 12, 2008, the Senate passed S. 2248, as amended, then struck all but the enacting clause of H.R. 3773, and inserted the text of S. 2248, as amended, in its stead. On March 14, 2008, the House passed an amendment to the Senate amendment to H.R. 3773. After months of intensive negotiations, on June 19, 2008, a compromise bill, H.R. 6304, was introduced in the House. It was passed by the House the following day. On June 26, 2008, a cloture motion on the measure was presented in the Senate. Further activity on H.R. 6304 is anticipated after the Senate returns from the July 4th recess. Each of these bills differs somewhat in content and approach from one another. This report also briefly explores legislative responses to the issues addressed. It will be updated as needed.

Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the "purpose" Standard for Searches

Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the
Author:
Publisher:
Total Pages: 13
Release: 2001
Genre: Civil rights
ISBN:

Memo containing the U.S. Dept. of Justice Office of Legal Counsel opinion on the constitutionality of amending the Foreign Intelligence Surveillance Act (FISA), so that a search may be approved when the collection of foreign intelligence is "a purpose" of the search, would not violate the Fourth Amendment.

Foreign Intelligence Surveillance Act

Foreign Intelligence Surveillance Act
Author: Markus Korjus
Publisher: Nova Science Publishers
Total Pages: 0
Release: 2013-09
Genre: Civil rights
ISBN: 9781628082357

The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This book outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions are implicated in this debate - the Fourth and Fifth Amendments.