Introduction
The Foreign Intelligence Surveillance Act (FISA) is a United States federal law established to govern the surveillance of foreign intelligence and counterintelligence activities within the United States. FISA was enacted in response to concerns about the monitoring of foreign agents on U.S. soil and includes provisions for obtaining warrants to conduct surveillance on individuals suspected of being agents of foreign powers.
History of FISA
FISA was enacted in 1978 in response to the surveillance abuses of the U.S. government during the Watergate scandal. The law regulates the collection of intelligence information concerning foreign powers and their agents, and sets forth the procedures for obtaining warrants to conduct electronic surveillance or physical searches in connection with foreign intelligence activities.
Key Provisions of FISA
Warrant Requirement: FISA establishes a process for obtaining warrants from the Foreign Intelligence Surveillance Court (FISC) to conduct surveillance on individuals within the United States.
Targeting Procedures: FISA includes procedures for targeting non-U.S. persons located outside the United States for surveillance without a warrant.
Minimization Procedures: FISA requires the government to minimize the acquisition and retention of information concerning U.S. persons during the course of foreign intelligence surveillance.
Case Studies
One notable case involving FISA is the surveillance of former Trump campaign advisor Carter Page. The FBI obtained a FISA warrant to monitor Page’s communications as part of an investigation into Russian interference in the 2016 presidential election. The surveillance was controversial and led to allegations of abuse of the FISA process.
Statistics
According to the 2019 FISA Report, the FISC approved 1,949 applications for electronic surveillance under FISA in 2018. This represents a slight decrease from the previous year, but still highlights the significant use of FISA authorities by the U.S. government.
Conclusion
FISA plays a crucial role in balancing national security interests with the protection of civil liberties. While the law has been the subject of controversy and scrutiny, it remains an essential tool for the U.S. government in conducting foreign intelligence surveillance. It is important for policymakers to continue to monitor and evaluate FISA to ensure that it is being used appropriately and effectively.
