One hundred tenth congress of the united states of america. We found that agency controls for monitoring query compliance have not been completely developedu highlights u. Fisa amendments act of 2008 legal resources intelligence. Congress enacted the foreign intelligence surveillance act of 1978 amendments act of 2008 faa. So long as the purpose of that acquisition was to acquire. This article concludes that while there is potential for abuse if government officials violate the clear word. Apr 17, 2020 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. Congress added title vii of fisa in 2008 to permit additional procedures for. Bush signed the foreign intelligence surveillance act of 1978 amendments acts of 2008 faa into law. Section 702 is supposed to do exactly what its name promises. Jessica zuckerman studies homeland security, with a concentration on latin america.
One hundred tenth congress of the united states of america at the second session begun and held at the city of washington on thursday, the third day of january, two thousand and eight an act to amend the foreign intelligence surveillance act of 1978 to establish a procedure. Fisa amendments act of 2008 congress grants telecommunications companies retroactive immunity from civil suits for complying with nsa terrorist surveillance program. Foreign intelligence surveillance act of 1978 amendments. To amend the foreign intelligence surveillance act of 1978 to establish a procedure. The foreign intelligence surveillance act of 1978 fisa pub.
Title vii offisa allows the intelligence community to collect vital. Testimony on fisa amendments act reauthorization senate. 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. Intelligence community to acquire foreign intelligence information by targeting foreign persons reasonably. This legislation was the congressional response to the exposure during multiple committee hearings of previous. Intelligence community to acquire foreign intelligence. This section extends fisa amendment act of 2008 until december 31, 2025 two years beyond the proposed sunset in the house judiciary committees bill, the usa liberty act. Government printing office page 2435 foreign intelligence surveillance act of 1978 amendments act of 2008 page 122 stat. What really is at stake with the fisa amendments act of. On october 29, 2012, the supreme court heard arguments in the aclus challenge to the law.
Statement by the president on fisa amendments reauthorization. Public revelations about two classified data collection programs have brought renewed attention to the powerful government surveillance authorities contained in the foreign intelligence surveillance act fisa, particularly the impact on lawabiding americans of provisions in the usa patriot act and the fisa amendments act of 2008. 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. Rather than rein in this abuse of power, lawmakers caved in to the administration and gave the nsa even more expan. Rockefeller iv, chairman of the senate intelligence committee. I began this document to collect quotations from news sources after 27 july 2007, as a resource for students of legal history. This document summarizes the way the law works and describes the three types of certifications used to permit the surveillance, as well as. Other major changes to fisa include the fisa amendments act of 2008 faa, codified as title vii of fisa. 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. Suggested citation blum, stephanie cooper, what really is at stake with the fisa amendments act of 2008 and ideas for future surveillance reform. The fisa act is supposed to be used to spy on foreigners on foreign lands, sen. Foreign intelligence surveillance amendments act of 2008. 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.
One of the primary purposes in enacting the faa was the creation of a new way for the us government to compel providers of electronic communications. Foreign intelligence surveillance act of 1978 amendments act. 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. What really is at stake with the fisa amendments act of 2008 and ideas for future surveillance reform what is heinonline.
Heinonline is a subscriptionbased resource containing nearly 2,700 academic and legal journals from inception. 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. May not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to. The fisa amendments act was enacted in 2008 in order to address a major challenge. It also notes that when nsa is seeking to acquire communications. Report on the fisa amendments act of 2008 in an increasingly interconnected modern world, americans constantly communicate with friends, relatives, colleagues, and business partners overseas by electronic means. Retroactive immunity provided by the fisa amendments act of 2008. Maintaining americas ability to collect foreign intelligence. Jun 30, 2014 fisa amendments act of 2008 section 702 summary document.
The fisa amendments act, passed in 2008 and reauthorized in 2012, gives the national security agency almost unchecked power to monitor americans international phone calls and emails. The fisa amendments act after considering a number of options and passing stopgap legislation the protect america act to provide temporary relief for the intelligence community, congress ultimately passed the fisa amendments act in july 2008. Section 702 title vii, section 702 of the foreign intelligence surveillance act fisa, procedures for. Kit bond, the ranking republican on the senate select committee on. The fisa amendments act faa, codified as title vii of the foreign intelligence surveillance act. Subsection f of section 702 of the foreign intelligence surveillance act of 1978 50 u. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism.
Eightyear extension of fisa amendments act of 2008. A hoover institution essay trends and predictions in. That law amended the foreign intelligence surveillance act of 1978. Title vii of fisa, as added by the fisa amendments act of 2008. 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.
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. Foreign intelligence surveillance act of 1978 amendments act of 2008 or fisa amendments act of 2008 title i. Fix fisa end warrantless wiretapping american civil. Section 702 is a surveillance authority passed as part of the fisa amendments act in 2008. A breakdown of the patriot act, freedom act, and fisa. I began this document to collect quotations from news sources after 27 july 2007, as a. Mcadams, iii senior legal instructor legal division introduction the foreign intelligence surveillance act fisa 1 was enacted in 1978. Act fisa amendments act reauthorization act of 2012, which extends. Nsa fact sheet on section 702 of the foreign intelligence.
Fisa amendments act of 2008 updated june 19, 2008 6. To amend the foreign intelligence surveillance act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes. In terms of the first amendment, which guarantees freedom of speech, law enforcement under the patriot act can prohibit the recipients of a search from telling others about the search. 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. The foreign intelligence surveillance act fisa controls how the u. Title vii of fisa permits the government to acquire foreign intelligence. Broadly speaking, the section 702 program targets nonu.
We are writing to urge that the congress reauthorize title vli of the foreign intelligence surveillance act fisa enacted by the fisa amendments act 0 2008 faa, which is set to expire at the end ofthis year. The act reauthorizes title vii of the foreign intelligence surveillance act until december 31. Foreign intelligence surveillance act of 1978 amendments act of 2008. Retroactive immunity provided by the fisa amendments act. Section 216, which governs access to online activity, such as email contact information or internet browsing histories. Targeting directed at foreign governments and similar entities. 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. Reauthorization amendments act of 2006, the fisa amendments act of 2008, the fisa sunsets extension act in 2012, and the usa freedom act of 2015.
Restore act of 2007, on november 15, 2007, 3 while s. Fisa, the patriot act, and the freedom act include many provisions that are arguably unconstitutional, specifically violating the first and fourth amendments. Congress enacted the foreign intelligence surveillance act of 1978. The fisa amendments act of 2008 provides critically important authority for the u. Foreign intelligence surveillance act fisa, fisa amendments act faa, terrorist surveillance progam, fisa reform suggested citation.
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. Letter re title vii of the foreign intelligence surveillance. Days later, from the rose garden at the white house, he stated that the new law will allow our intelligence professionals to quickly and effectively monitor the. 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. Section 702 of the foreign intelligence surveillance act fisa will, in its current form, come up for reauthorization in 2017. Fisa amendments act of 2008 updated june 19, 2008 5. In contrast, the reauthorization being debated in 2012 deals with title vii of fisa, as added by the fisa amendments act of 2008. Fisa amendments act of 2008 section 702 summary document.
Protect america act of 2007 and fisa amendments act of 2008. As described in the briefing accompanying this training, in july 2008, congress enacted the foreign intelligence surveillance act of 1978 amendments act of 2008 faa. Freedom act, which circumscribed the governments ability to obtain telephone records as part of its foreign intelligence gathering operations. While it is reauthorizing fisa amendments act, congress. Nsi policy paper fisa amendments act reauthorization. On monday, october 29, the supreme court heard oral argument in clapper v. It has been used as the legal basis for surveillance programs disclosed by edward snowden in. May, 2016 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 the next year. The fisa amendments act of 2008, also called the faa and foreign intelligence surveillance. Title vii offisa allows the intelligence community to collect vital infomlation about international terrorists and. Section 702 of the foreign intelligence surveillance act in its motion, the aclu seeks infonnation about, and the opportunity to participate in, jhdicial proceedings required under section 702i of the foreign intelligence survei. Section 702 of the fisa amendments act, a law first passed in 2008 and reauthorized in 2012.