Katana VentraIP

Protect America Act of 2007

The Protect America Act of 2007 (PAA), (Pub. L.Tooltip Public Law (United States) 110–55 (text) (PDF), 121 Stat. 552, enacted by S. 1927), is a controversial amendment to the Foreign Intelligence Surveillance Act (FISA) that was signed into law by U.S. President George W. Bush on August 5, 2007.[1] It removed the warrant requirement for government surveillance of foreign intelligence targets "reasonably believed" to be outside the United States.[2] The FISA Amendments Act of 2008 reauthorized many provisions of the Protect America Act in Title VII of FISA.[3]

Long title

An Act to amend the Foreign Intelligence Surveillance Act of 1978 to provide additional procedures for authorizing certain acquisitions of foreign intelligence information and for other purposes.

PAA

August 5, 2007

50 U.S.C. ch. 36 § 1801 et seq.

Reporting incidents of corporation non-cooperation. A description of any incidents of non-compliance with a directive issued.

[10]

Reporting incidents of non-cooperative persons. Incidents of noncompliance by a specified person to whom the Attorney General and issued a directive.[10]

Director of National Intelligence

The number of certifications and directives. Issued in the preceding six months.

[10]

Reporting procedural failures. Incidents of non-compliance with the guidelines or procedures established for determining that the acquisition concerns persons outside the United States by any entity of the Intelligence Community.

[10]

Legislative history[edit]

Senator Mitch McConnell introduced the act on August 1, 2007, during the 110th United States Congress. On August 3, it was passed in the Senate with an amendment, 60–28 (record vote number 309).[16] On August 4, it passed the House of Representatives 227–183 (roll number 836).[16] On August 5, it was signed by President Bush, becoming Public Law No. 110-055. In the strict sense, the PAA-2008 expired on February 17, 2008, due to the sunset provision, but for purposes of practical application, the Protect America Act of 2007 remains functional as part of the "FISA Agreements Act of 2008".

Controversy[edit]

Controversial debates arose as the Protect America Act was published. Constitutional lawyers and civil liberties experts expressed concerns that this Act authorized massive, wide-ranging information gathering with no oversight. Whereas it placed much focus on communications, the Act allowed for information gathering of all shapes and forms. The ACLU called it the "Police America Act" – "authorized a massive surveillance dragnet", calling the blank-check oversight provisions "meaningless," and calling them a "phony court review of secret procedures."[12]

FISC ruling, January 2009[edit]

In January 2009, a United States Foreign Intelligence Surveillance Court of Review ruling was made in favor of the warrantless wiretapping role of the Protect America Act 2007, in a heavily redacted opinion released on January 15, 2009, which was only the second such public ruling since the enactment of the FISA Act.[17][18][19][20][21]

USA PATRIOT Act

(CALEA)

Communications Assistance for Law Enforcement Act

Total information awareness

FISA Amendments Act of 2008

Department of Justice's Support for the Protect America Act

by the Department of Justice

The PROTECT AMERICA ACT: Preserving Life and Liberty

(PDF), Department of Justice

Text of the PROTECT AMERICA ACT

GovTrack U.S. – S. 1927

at SourceWatch

U.S. congressional action on domestic wiretapping

Plural Politics Protect American Act Plainspeak Legal Primer

at Discourse DB

Protect America Act of 2007