FISA

FISA

Enacted in 1978, the Foreign Intelligence Surveillance Act (FISA) outlines acceptable procedures for domestic surveillance, both with or without a court order, of citizens or permanent residents engaged in espionage.

On July 9, 2008, the U.S. Senate approved a new bill, considered a compromise, setting new rules but increasing the scope of government wiretapping programs. The bill also grants telecom immunity.¹

Fast Facts

Established: 1978 by President Carter
Passed in response to the Watergate scandal
No warrant, no probable cause required to employ the act
Amended by the Patriot Act in 2001
Modified in 2007 in the Protect America Act

Key Dates

1978: President Carter signs the FISA into law
2001: The Patriot Act amends FISA to include terrorist groups not affiliated with specific governments
August 5, 2007: The Protect America Act, which further modified FISA signed into law
February 17, 2008:
- -The Protect America Act expires
- -The Senate passes a new version of FISA that provides immunity to major telecommunications companies
July 9, 2008: U.S. Senate passes new wiretapping plan

Barack Obama's Position

Democratic presidential candidate Barack Obama has long opposed expansions of wiretapping legislation. Early in 2008 he pledged to oppose and filibuster any bill that would grant telecom immunity.²

However, in July 2008 Obama said that he would support the compromise legislation, even though it granted the immunity he had previously pledged to oppose. He stated that, though it was a "close call," he felt the program was too important to cancel, even if the new bill was not perfect.²

FISA Amendments

FISA has been amended by the Patriot and Protect America Acts passed during George W. Bush's administration. Amendments have added provisions to include terrorist groups within the scope of authorized surveillance. Provisions were also made for contemporary communication methods including e-mail and international phone calls. Congressional developments in 2008 provided immunity to major telecommunications companies.³

Categories

News | Legislation | U.S. Government

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The Mahalo Top 7

The Associated Press: Senate to Pass Bill Overhauling... (July 9, 2008)
FOX News: Senate Sends Terror Surveillance Bill... (July 9, 2008)
Chicago Tribune: Obama's Online Muscle Flexes Against Him (July 8, 2008)
Wikipedia: FISA
Electronic Frontier Foundation: Foreign Intelligence Surveillance Act FAQ's
FLETC: Foreign Intelligence Surveillance Act (FISA): An Overview
YouTube: Vice President Cheney on FISA (Time: 18:37)

FISA Recent News

Newday (Long Island, NY): Senate Dems Not Backing Obama on Wiretapping Bill (July 9, 2008)
The Guardian: Bush Poised for Victory As US Congress Nears Approval of Domestic Wiretapping Bill (July 8, 2008)
CNN: Bush: FISA expired but threat did not (February 28, 2008)
CBS News: Both Sides Dig In On FISA Fight (February 15, 2008)
Financial Times: House Republicans stage a walk-out (February 15, 2008)
AlterNet: 'Third Way' Think Tank Pushes Telecom Agenda on FISA Bill (February 5, 2008)
Newsweek: Letting the Government Listen In (February 4, 2008)
The Heritage Foundation: The Intelligence Community Needs... (January 25, 2008)
The Hill: President will lay out four themes (January 24, 2008)
The Washington Times: Republicans: FISA authority in Constitution (January 21, 2008)
CBS News: FISA Debate In Senate Delayed Until January (December 17, 2007)
Topix: FISA
Google News: FISA

FISA Background

The White House: Fact Sheet: FISA 101 (September 19, 2007)

History of the Patriot Act

Mahalo's page on The Patriot Act
Wikipedia: Foriegn Intelligence Surveillance Act (of 1978)
Wikipedia: Electronic Communications Privacy Act (of 1986)
Wikipedia: Money Laundering Control Act (of 1986)
Wikipedia: Bank Secrecy Act (of 1970)
History Commons: Profile: Foreign Intelligence Surveillance Act
ACLU Pro Con: Pro and Con on Patriot Act
Wikipedia: History of the USA PATRIOT Act

The Church Committee

Wikipedia: The Church Committee
Bill Moyers Journal: The Church Committee and FISA (October 26, 2007)
History Matters: Church Committee

Electronic Surveillance

Wikipedia: Foreign Intelligence Surveillance Act (of 1978)
Electronic Privacy Information Center: FISA Orders 1979-2006 (August 27, 2007)
PBS: Wiretap Revelations Spur Presidential Powers Debate (2006)

Physical Searches

Federation of American Scientists: Executive Order 12949; William Clinton
Think Progress: Gorelick Testimony
truthout: Are Warrantless Searches Next?

FISA Commentary and Controversy

Political Punch (CBS News): Obama's FISA Shift (July 9, 2008)
Chicagoist: Obama Facing Backlash From Supporters Over FISA Stance (July 9, 2008)
Hartford Courant (Conneticut): Dodd Anti-Immunity FISA Amendment Shot Down (July 9, 2008)
San Francisco Chronicle: Stand Up, Senators (July 9, 2008)
The New York Times: Compromising the Constitution Over FISA (July 8, 2008)
The New York Times: The Wiretapping Bill Protects Our Security and Our Basic Rights (July 8, 2008)
Glenn Greenwald (Salon): Aug. 8, 1974 vs. July 9, 2008 (July 8, 2008)
Glenn Greenwald (Salon): George Bush's latest powers, courtesy of the Democratic Congress (June 19, 2008)
Financial Times: US Civil Liberties Remain Strong (August 19, 2007)
AlterNet: 'Third Way' Think Tank Pushes Telecom Agenda on FISA Bill (February 5, 2008)
Townhall: The Whys of Spies
Reason Magazine: Time For Democrats to Lead on FISA (December 20, 2007)
OpEdNews.coms: It Just Takes ONE (December 19, 2007)
WashingtonPost.com: "Rights That Travel - FISA Should Protect U.S. Citizens..." (December 10, 2007)
The New York Times: "Spies, Lies and FISA" (October 14, 2007)
Security Focus: Wiretapping, FISA, and the NSA (2006)
ACLU: ACLU Letter to the Senate Expressing Strong Opposition... (March 16, 2006)

FISA Video's and Media

YouTube: How FISA Helped Kill a Soldier (Time: 02:04)
YouTube: Chris Dodd speaks out about FISA (Time: 04:08)
YouTube: DOMESTIC SPYING: Intelligence Chief Testifies on FISA (September 18, 2007) (Time: 08:46)
YouTube: Tony Snow on Comey and FISA (May 15, 2007) (Time: 01:16)
YouTube: Dodd's FISA Floor Speech (Time: 37:48)
YouTube: The price of onerous FISA requirements (Time: 03:04)
Political Video: George Bush Calls for Renewing the USA PATRIOT Act (April 19, 2004) (Time:39:02)
Political Video: George Bush Discusses Progress in the Global War... (September 7, 2006) (Time: 46:03)

FISA Message Boards and Blogs

Baltimoresun.com Blog Post: Senate Punts FISA Bill in Face of Discord
Tailrank Blog Post: Senator Chris Dodd Will Put A Hold On Telecom Immunity Bill
Wired Blog Post: Dodd Filibuster Threat Wins; Spying Bill Postponed to Next Year... (December 17, 2007)
Politico Blog Post: Bush presses Congress on FISA (January 26, 2008)
Michelle Malkin Blog Post: FISA fight: Will Senate play "kick the can" with terrorist surveillance?
National Review Online Search: FISA Posts

FISA Central Figures

George W. Bush

The White House: Myth/Fact: Key Myths About FISA Amendments in...
The White House: Giving Our National Security Professionals Tools... (January 28, 2008)
The White House: Statement by the President on FISA (January 24, 2008)
The White House: Fact Sheet: Congress Must Act Now to Keep a Critical Intelligence... (January 22, 2008)
YouTube: Bush Speaks on FISA (October 10, 2007) (Time: 00:47)

Chris Dodd

Official Site: Statement of Senator Dodd on FISA Telecom Immunity (January 25, 2008)
Official Site: Dodd Speaks About FISA Hold on Floor of U.S. Senate(October 26, 2007)
YouTube: Chris Dodd speaks at FISA Press Conference (December 20, 2007) (Time: 02:52)
The Weekly Standard:Can Chris Dodd Block a FISA Extension?(October 19, 2007)

United States Foreign Intelligence Surveillance Court

Wikipedia: United States Foreign Intelligence Surveillance Court
WashingtonPost.com: "Secret U.S. Intelligence Court Intends To Keep Wiretap..." (December 12, 2007)
TheHill.com: "Only few saw the key FISA court rulings" (December 11, 2007)
American Civil Liberties Union: "ACLU Slams Department of Justice Spy Opinions" (December 7, 2007)
ABC News: Going Around the FISA Court (2006)

FISA Amendments

USA Patriot Act (2001)

Wikipedia: USA Patriot Act
Wikipedia: USA Act and the Financial Anti-Terrorism Act
Electronic Privacy Information Center: USA PATRIOT Act (H.R. 3162)
Preserving Life and Liberty: What is the Protect America Act?
American Civil Liberties Union: USA PATRIOT Act (November 14, 2003)

Lone Wolf Amendment

Wikipedia: Lone-Wolf Terrorism
Federation of American Scientists: ...'Lone Wolf' Amendment to the FISA"(December 29, 2004) (37.9KB)
Social Science Research Network: The Lone Wolf Amendment and the Future of Foreign Intelligence Surveillance Law

US Patriot Improvement and Reautherization Act of 2005

White House: USA PATRIOT Act
White House: ..."USA PATRIOT Improvement and Reauthorization Act of 2005" (March 9, 2006)
GovTrack: H.R. 3199 [109th: USA PATRIOT Improvement and Reauthorization Act of 2005]
White House: Fact Sheet: Safeguarding America: President Bush Signs Patriot Act... (March 9, 2006)
White House: President Signs USA PATRIOT Improvement and Reauthorization Act (March 9, 2006)

Terrorist Surveillance Act of 2006

Wikipedia: NSA warrantless surveillance controversy
Govtrack: Terrorist Surveillance Act of 2006
USA Today: Surveillance program protects country, Bush says (January 23, 2006)

Protect America Act of 2007

Newsweek: Letting the Government Listen In (February 4, 2008)
Wikipedia: Protect America Act of 2007
The White House: Fact Sheet: The Protect America Act of 2007
The Los Angeles Times: "A FISA fix"
NPR: Bush Signs Off on FISA Measure

Restore Act of 2007

Think Progress: Summary Of The Restore Act
Huffington Post: Stopping the Blank Check on Warrantless Spying
Congresspedia: RESTORE Act (2007 FISA bill)
Council on Foriegn Relations: RESTORE Act of 2007 (December 10, 2007)

FISA Timeline

1952: Immigration and Nationality Act of 1952
1970: Bank Secrecy Act
1978: Intelligence Surveillance Act signed by Jimmy Carter
1986: Money Laundering Control Act
1986: Electronic Communication Privacy Act
2001: USA Act and the Financial Anit-Terrorism Act, a precursor to the USA Patriot Act
2001: USA Patriot Act
2004: Intelligence Reform & Terrorism Prevention Act of 2004 (Lone Wolf Amendment)
2005: USA Patriot Improvement & Reautherization Act
2006: Terrorist Surveillance Act
2007: Protect America Act
2007: Restore Act

FISA Satire and Humor

Satirical Political Report: Dems Seek Out Psychological Advisor, on Their ‘Weakness’ for FISA
Common Dreams: The Political Folly Awards of 2005
Satirical Political Report: None The Wiser for FISA, Dems Allow Bush to Install ‘Nanny-Cams’ in Their...

Related Pages on Mahalo

Protect America Act | FBI Use of Patriot Act | Domestic Surveillance | Terrorism | Anti-Terror Database | War on Terror | Bush Seeks to Expand Spy Law | U.S. Department of Homeland Security | NSA | FBI | CIA