FISA

Ken Lund / Ben Balter (background)

First passed in 1978, the Foreign Intelligence Surveillance Act (FISA) still guides the physical and electronic surveillance of foreign powers and agents. Congress has repeatedly amended the law, however, seeking to calibrate the government’s surveillance to accord with the level of threat and seeking to keep authorities current as technology develops at breakneck speed. Nevertheless, even authorized activities affirmatively permitted by statute have come under fire as a torrent of leaks have revealed government surveillance programs under the statute.

Latest in FISA

FISA

Justice Department Inspector General Finds Broader Pattern of Errors in FISA Applications

A new report released by the Justice Department inspector general found errors or lost information in all of the U.S. Person FISA applications it reviewed following its report on the FBI’s “Crossfire Hurricane” investigation into members of the Trump campaign. Each of the 29 applications reviewed contained inaccuracies, including missing files in four FISA applications and errors or inadequately supported facts in the 25 other applications.

FISA

FISC Declassifies Order About Carter Page FISA Applications

The Foreign Intelligence Surveillance Court (FISC) has declassified an order about the Department of Justice's handling of 2016 and 2016 applications for Foreign Intelligence Surveillance Act (FISA) warrant for Trump campaign associate Carter Page. The Dec. 2019 Office of Inspector General (OIG) Report about the FBI's investigation into Russian interference in the 2016 election devoted considerable discussion to the Page warrants.

FISA

David Kris Submits Amicus Letter Brief to Foreign Intelligence Surveillance Court

David Kris, whom the Foreign Intelligence Surveillance Court appointed as amicus curiae to review the FBI's filing before the court regarding FBI and Justice Department practices in filing FISA warrants, has filed a letter brief with the court in response to the FBI's submission. The brief is available here and below.

Subscribe to Lawfare

EmailRSSKindle