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Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

The FISA Amendments Act of 2008, also called the FAA and Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008,[1] is an Act of Congress that amended the Foreign Intelligence Surveillance Act.[2] It has been used as the legal basis for surveillance programs disclosed by Edward Snowden in 2013, including PRISM.[3]

Long title

An Act to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.

FISA Amendments Act of 2008

the 110th United States Congress

July 10, 2008

110-261

122 Stat. 2436

Foreign Intelligence Surveillance Act
USA PATRIOT Act
Protect America Act of 2007

50 U.S.C.: War and National Defense

50 U.S.C. ch. 36 § 1801 et seq.

Background[edit]

Warrantless wiretapping by the National Security Agency (NSA) was revealed publicly in late 2005 by The New York Times and then reportedly discontinued in January 2007.[4] See Letter from Attorney-General Alberto Gonzales to Senators Patrick Leahy and Arlen Specter, CONG. REC. S646-S647 (January 17, 2007).[5] By 2008 approximately forty lawsuits had been filed against telecommunications companies by groups and individuals alleging that the Bush administration illegally monitored their phone calls or e-mails.[6] Whistleblower evidence suggests that AT&T was complicit in the NSA's warrantless surveillance, which could have involved the private communications of millions of Americans.[7]


The Foreign Intelligence Surveillance Act makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both.[8] In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using, or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both.[9]

May not intentionally target any person known at the time of acquisition to be located in the United States;

May not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States;

May not intentionally target a U.S. person reasonably believed to be located outside the United States;

May not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States;

Must be conducted in a manner consistent with the .[12]

Fourth Amendment to the United States Constitution

June 20, 2008: Passed the , by a 293 to 129 vote.[16][17]

U.S. House of Representatives

June 26, 2008: A vote was delayed by a filibuster spearheaded by Senators Russ Feingold and Chris Dodd.[18] Feingold said the bill threatened civil liberties in the United States; Dodd has said granting retroactive immunity would undermine the rule of law.[18]

Senate

July 9, 2008: Dodd's amendment calling for a striking of Title II (the immunity provisions) was rejected 66 to 32. The bill itself was then put to a vote and passed 69 to 28.[20]

[19]

July 10, 2008: President signed the bill into law.

George W. Bush

September 12, 2012: The House of Representatives voted, 301 to 118, to extend the FISA Amendments Act for five years,[22] after the act was to expire at the end of 2012.[23]

[21]

December 28, 2012: By a vote of 73 to 23, the voted to extend the FISA Amendments Act for five years until December 31, 2017[24]

U.S. Senate

December 30, 2012: President signed the bill into law.[25][26]

Barack Obama

January 18, 2018: The Senate approved a six-year extension of Section 702 of the Foreign Intelligence Surveillance Act.

[27]

January 19, 2018: President Donald Trump signed S. 139, FISA Amendments Reauthorization Act of 2017, into law.

[28]

Prohibits the individual states from investigating, sanctioning of, or requiring disclosure by complicit telecoms or other persons.

Permits the government not to keep records of searches, and destroy existing records (it requires them to keep the records for a period of 10 years).

[31]

Removes requirements for detailed descriptions of the nature of information or property targeted by the surveillance if the target is reasonably believed to be outside the country.

[31]

Increased the time for warrantless surveillance from 48 hours to 7 days, if the is notified and receives an application, specific officials sign the emergency notification, and relates to an American located outside of the United States with probable cause they are an agent of a foreign power. After 7 days, if the court denies or does not review the application, the information obtained cannot be offered as evidence. If the United States Attorney General believes the information shows threat of death or bodily harm, they can try to offer the information as evidence in future proceedings.[32]

FISA court

Permits the and the Attorney General to jointly authorize warrantless electronic surveillance, for one-year periods, targeted at a foreigner who is abroad. This provision was set to sunset on December 31, 2012; however, on December 30, 2012, President Obama signed a bill to extend this provision until December 31, 2017.

Director of National Intelligence

Requires permission to target wiretaps at Americans who are overseas.

FISA court

Requires government agencies to cease warranted surveillance of a targeted American who is abroad if said person enters the United States. (However, said surveillance may resume if it is reasonably believed that the person has left the States.)

Prohibits targeting a foreigner to eavesdrop on an American's calls or e-mails without court approval.

[33]

Allows the FISA court 30 days to review existing but expiring surveillance orders before renewing them.

Allows in emergencies without court approval, provided the government files required papers within a week.

eavesdropping

Prohibits the government from invoking or other authorities to supersede surveillance rules in the future.

war powers

Requires the of all intelligence agencies involved in the President's Surveillance Program to "complete a comprehensive review" and report within one year

Inspectors General

Specifically, the Act:[30]

The provisions of the Act granting immunity to the complicit telecoms companies create a roadblock for a number of lawsuits intended to expose and thwart the alleged abuses of power and illegal activities of the federal government since and before the .[34]

September 11 attacks

Allows the government to conduct surveillance of "a U.S. person located outside of the U.S. with probable cause they are an agent of a foreign power" for up to one week (168 hours) without a warrant, increased from the previous 48 hours, as long as the is notified at the time such surveillance begins, and an application as usually required for surveillance authorization is submitted by the government to FISA within those 168 hours[32]

FISA court

NSA warrantless surveillance (2001–07)

Defense of Democracies

Protect America Act of 2007

titles III and IV as amended (PDF/details) in the GPO Statute Compilations collection

FISA Amendments Act of 2008

as enacted (details) in the US Statutes at Large

FISA Amendments Act of 2008

. Politico., via Politico.com

"Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008"

FBI course Introduction to FISA section 702, via ACLU

FISA Amendments Act of 2008

FISA Amendments Wall Street Journal