Foreign Intelligence Surveillance Act
of 1978
FISA - Foreign Intelligence Surveillancey Act. Clinton added EO 12949. Originated with President Carter and instituted secret courts. One certainly could question the constitutionality of this one. The 4th Amendment is trashed.
Heads Up #84: "So, there you have it: A secret federal court that authorizes secret black bag jobs and secret wide-spread surveillance and bugging operations, produces secret reports, holds secret trials, and keeps court records secret. ... Apparently the Constitution and its first ten amendments must be secret from this court. Because, they certainly do not honor any of them. Nor do the judges get anywhere near honoring their oath of office."
Counterintelligence access to telephone toll and transactional records
Fast Moving Bills to watch - from Rense. Includes FISA
FISA by EPIC - tables and graphs showing usage frequency by groups
Foreign Intelligence Surveillance Act, Frequently Asked Questions (and Answers)
Foreign Intelligence Surveillance Act Records System
Foreign Intelligence Surveillance from USC (US Code)
Office of Intelligence Policy and Review, Frequently Requested Records
SAIB will expand FISA. Also see the Wire Tap List
See FISA in s2552r
[Source:m EPIC Alert]
Volume 8.24 December 18, 2001
--------------------------------------------------------------
Published by the
Electronic Privacy Information Center (EPIC)
Washington, D.C.
=======================================================================
Just weeks after passage of comprehensive anti-terrorism legislation, Congress continues to tinker with the laws governing electronic monitoring. An appropriations bill awaiting the President's signature provides for increased governmental surveillance capabilities under the Foreign Intelligence Surveillance Act (FISA), increasing the authorities recently broadened by the USA PATRIOT Act passed in October (see EPIC Alert 8.21).
H.R. 2883 expands "roving wiretap" authority by amending the location provision in FISA, which currently requires agents to identify the location of the instrument to be monitored. The amendment requires identification of location only "if known." Roving wiretap authority under FISA was established by the USA PATRIOT Act to allow the Foreign Intelligence Surveillance Court (FISC) to issue generic orders to any communications provider, thereby permitting the government to track the communications of a specific individual carried over a variety of sources. The new amendment permits the FISC to issue orders permitting government surveillance of communications where neither the provider nor the location of the communication device is specified.
Under current law, the Attorney General may authorize electronic surveillance or a search without a court order in an emergency. In such instances, the government must present a formal application to the FISC within 24 hours of the Attorney General's authorization. The new legislation extends the time in which the government must present a formal order to 72 hours. It also contains various technical amendments to the USA PATRIOT Act.
The bill, which was the result of a House-Senate conference, specifies four priority areas in the nation's intelligence capabilities (1) revitalizing the National Security Agency; (2) correcting deficiencies in human intelligence; (3) addressing the imbalance between intelligence collection and analysis; and (4) rebuilding a robust research and development program.
H.R. 2883, the Intelligence Authorization Act for Fiscal Year 2002, is available at
http//www.epic.org/privacy/wiretap/hr2883.html
EPIC's Wiretap Page
http//www.epic.org/privacy/wiretap/
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