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

Foreign Intelligence Surveillance Court (FISC)

Summary: Declassified Nov. 2020 FISC Opinion

On April 26, the Office of the Director of National Intelligence (ODNI) declassified a Nov. 18, 2020, ruling issued by the Foreign Intelligence Surveillance Court. The decision grants the U.S. government’s request for approval to continue collecting information on non-U.S. persons in order to acquire foreign intelligence information under Section 702 of the Foreign Intelligence Surveillance Act. 

FISC

To Oversee or to Overrule: What is the Role of the Foreign Intelligence Surveillance Court Under FISA Section 702?

Is the FISC failing its responsibilities with respect to the function it performs in the Section 702 program? Given the role the FISC is intended to play with respect to its oversight of the Section 702 program, the answer is no.

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