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- 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
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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.Fox News: Senate Sends Terror Surveillance Bill, Telecom Immunity Provision to Oval Office (July 9, 2008)
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.Chicago Tribune: Obama's online muscle flexes against him (July 8, 2008)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.Chicago Tribune: Obama's online muscle flexes against him (July 8, 2008)
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.Electronic Frontier Foundation: Foreign Intelligence Surveillance Act FAQ
