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
It’s high time for the FBI to end its reliance on anonymous press reports to prove critical facts in FISA applications.
The attorney general and director of national intelligence co-authored a letter to congressional leadership urging the reauthorization of an intelligence-gathering provision of the Foreign Intelligence Surveillance ACT (FISA).
On Feb. 28, Benjamin Wittes sat down with Assistant Attorney General Matthew Olsen at the Brookings Institution to discuss the Biden administration's attempt to work with Congress to reauthorize Section 702 of the Foreign Intellligence Surveillance Act before it expires on Dec. 31. They also discussed what would happen if 702 expired, and whether it is even necessary in a world more concerned with great power conflict than with counterterrorism.
You can watch the event here or below:
Section 702 is vital to national security. That’s why Congress must stop the FBI’s overreach.
Here is an explainer of the data presented in three intelligence community reports released in April regarding the continuing decline in the use of national surveillance authorities over the past two years.
The Office of the Director of National Intelligence released its annual transparency report. The annual report compiles statistics and information on the intelligence community's use of legal authorities including the Foreign Intelligence Surveillance Act. You can read the report here and below.
The Supreme Court unanimously held that the Foreign Intelligence Surveillance Act does not displace the state secrets privilege.
The prosecution of Michael Sussmann’s indictment may seem unconnected to the precipitous drop in the volume of the intelligence community’s use of complex investigative techniques. The two are, in fact, closely connected.
In light of the Inspector General’s latest report, how worried should we be about the state of the FISA process?
The inspector general’s latest report on FISA implementation at the FBI is not as bad as it looks, but it’s not good either.