FISA Amendments Act

FISA Amendments Act in the United States

The Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (“FISA Amendments Act”), which was signed by the President on July 10,2008.
Like the Protect America Act, pursuant to which the Government issued the directives at
issue in this litigation, the FISA Amendments Act establishes procedures by which the Attorney
General and the Director ofihe National Intelligence may authorize the targeting of persons
reasonably believed to be located outside the United States to acquire foreign intelligence
information. See FISA Amendments Act§ 101 (a).

Among other things, the Act authorizes the Government to issue directives to electronic communication service providers requiring them to provide all information, facilities, and assistance necessary to accomplish such acquisitions, including the acquisition of stored communications. See id. To target U.S. persons abroad, the Government will obtain a FISC order based on a finding, in relevant part, that there is probable cause to believe that the targeted U.S. person is a foreign power or an officer, employee, or agent of a foreign power, the same determination currently made by the Attorney General under Section 2.5 of Executive Order 12333. See id.

Importantly, the FISA Amendments Act provides that any order, authorization, or
directive issued pursuant to the Protect America Act-including the directives at issues in this
case-shall continue in effect until “the expiration of such order, authorization, or directive,” id.
§ 404(a)(l ), or, if the Government seeks to replace the authorization, until such time as the FISC
approves the Government’s new submission, id. §§ 404(a)(2)-(7), lOl(a), whichever comes later.

The directives by their terms expired in September 2008.

Resources

See Also

  • Electronic Surveillance.
  • Criminal Law
  • Criminal Procedure
  • Exclusionary Rule
  • Search Warrant
  • Cyber Security
  • Voyeurism.

Further Reading (Books)

  • Colbridge, Thomas D. “Electronic Surveillance: A Matter of Necessity.” The FBI Law Enforcement Bulletin (1 February 2000): 1-10.
  • Lyon, David, and Elia Zureik, ed. Computers, Surveillance, and Privacy. Minneapolis: University of Minnesota Press: 1996.
  • Ray, Diana. “Big Brother Is Watching You (Electronic Surveillance).” Insight on the News (23 July 2001): 1-3.

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