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US Govt surveillance conducted for a foreign intelligence purpose of US citizens and non citizens, domestically or abroad.
"When the govt conducts electronic surveillance to gather info for eventual use as evidence at a criminal proceeding, the govt actions are law enforcement and fall within the reach of title III. On the other hand, when the intent is to collect foregin intelligence or to prevent an action from occurring that would jeapordize national security, it is intelligence and FISA applies." Foreign govts includes groups engaged in international terrorism and foreign based organizations.
50 U.S.C. § 1803
Application:
Citizen: Must receive court order to intercept communications "If govt wishes to undertake electronic surveillance of US citizen or permanent resident alien for intelligence purposes, FISA requires the agent to obtain a court order first issued by the FISC. ... FISC proceedings are conducted in secrecy to protect national security interests. "in addition to securing a warrant from the FISC, a government agent seeking to conduct electornic surveillance of a US person must follow certain minimization procedures established by the attorney general." 50 U.S.C. § 1801.
Non Citizen: Surveillance up to one year without court order, attorney general must certify target is only foreign powers and that investigator will follow required minimization procedures. "The attorney general must submit a certification to this effect to the Foreign Intelligence Surveillance Court butt this certification remains sealed unless the govt chooses to request a court order or the target of the surveillance challenges the legality of the surveillance. unlike title III surveillance targets, however, the sujbects of FISA searchs do not recieve notice of the surveillance upon completion of the monitoring, so FISA targets may never learn that their privacy interests have been compromised. FISA allows surveillance conducted per attorney general cert (as opposed to court order) for up to one year. If govt wishes to conduct surveillance of foreign power for more than one year, the gov must apply for a FISC court order "
Application must include
"Statement of facts and circumstances to justify belief that: Target a foreign power or agent thereof; and each of the facilities at which surveillance directed is being used or about to be used by foreign power or agent thereof
"Statement of proposed minimizaton proceedures
"Certification that significant purpose is to obtain foreign intelligence information
"Certification, and statement of basis therefore, that information cannot reaonsbly be obtained by normal investigative techniques."
Order Granted:
"To issue a warrant under FISA, a FISC judge must find probable cause to believe that the target of the electronic surveillance is a foreign power or an agent of a foreign power. Since FISA imposes a lower probable cause threshold than Title III for issuance of a warrant, info obtained under FISC warrant for foreign intelligence puporses cannot be used for domestic law enforcement as a matter of constitutional law.... The USA Partiot Act however changes this standard and permits warrants to issue if "a significant puporse of the surveillance is to obtain foreign intelligence info. 50 U.S.C. § 1804(a)(7)(B).
No notice unless communications introduced in criminal proceeding
Can also do pen register and trap and trace per FISA
Foreign intelligence gathering must be a "significant purpose" for the request for the FISA surveillance or physical search order, 50 U.S.C. 1804(a)(7)(B), 1823(a)(7)(B).
Statutes
50 U.S.C. 1804
Papers
Congressional Research Service, The USA Patriot Act: A Legal Analysis, p. 12 (April 15, 2002)
Best, Intelligence and Law Enforcement: Countering Transnational Threats to the U.S., CRS REP.NO. RL30252 (Dec. 3, 2001).
News
- House Democrats Fight Telecom Wiretap Immunity - Propose new bill that gives telcos and privacy advocates their day in court, dslreports 3/13/2008
- House Democrats refuse to delete pending spy lawsuits, CNET 3/13/2008
- Plaintiffs Speak Out Against Telecom Immunity, EFF 3/7/2008
- Spy law battle may be settled this week, CNET 3/5/2008
- Five of Thousands: Requests FISA Court Rejected, Peerflow 3/5/2008
- Deal Close on Wiretap Law, a Top Democrat Tells CNN, NYT 3/3/2008
- AT&T Could Owe You $146,000 - FISA violation means $36,500 per claimant, per four years of wiretapping, dslreports 2/25/2008
- Senate Caves into Pressure - Won't Block Immunity for Illegal Spying, EFF 2/21/2008
- Surveillance Law Set to Expire Today, Wash Post 2/19/2008
- Lies, Damned Lies, and National Security, Tech Liberation Front 2/19/2008
- Court Turns Deaf Ear to ACLU Wiretapping Appeal, Ecommerce Times 2/19/2008
- House Democrats to Bush: No way on telecom immunity, CNET 2/15/2008
- FISA Nonsense, Tech Liberation Front 2/15/2008
- Quote of Note: John Conyers, Isen.blog 2/15/2008
- Cartoon Skewers Immunity, EFF 2/15/2008
- Olbermann On FISA, Tales from the Sausage Factory 2/15/2008
- Telecom Immunity Passes in Senate; Battle Lines Drawn for Conference Showdown, EFF 2/13/2008
- A Black Day For The Rule of Law, Tales from the Sausage Factory 2/13/2008
- House Committee Leaders Unite to Oppose Immunity for Telecoms, EFF 2/11/2008
- Telecom Immunity Passes in Senate; Battle Lines Drawn for Conference Showdown, EFF 2/13/2008
- A Black Day For The Rule of Law, Tales from the Sausage Factory 2/13/2008
- House Committee Leaders Unite to Oppose Immunity for Telecoms, EFF 2/11/2008
- FISA Immunity Vote -- Godknowswhen, Isen.blog 2/7/2008
- Another FISA Monday, Isen.blog 2/4/2008
- Congress extends surveillance law another 15 days, CW 2/1/2008
- Have The Senate Democrats Finally Learned?, Tales from the Sausage Factory 2/1/2008
- Victory! (battle not war), Isen.blog 1/29/2008
- Strong Majority of Voters Oppose Telecom Immunity, EFF 1/24/2008
- Cheney Pushes for Permanent Warrantless Wiretapping Power, Ecommerce Times 1/24/2008
- FISA and immunity, Susan Crawford 1/24/2008
- Search warrants not needed to monitor Internet use, court says, CW 7/10/2007
- FISA's Paperwork Burden, Tech Lib Front 8/29/2007
- Checks And Balances, We Hardly Knew Ye - Lawyer: FISA 'reform' the final nail in privacy casket..., DSLreports 8/9/2007
- Votes on New FISA Law Available, Tech Lib Front 8/9/2007
- Wiretap Ruling Threatens Telecoms, BWO 8/28/2006
- EFF Wins Preliminary Victory Over AT&T - Case Will Not Be Dismissed, Broadband Reports 7/21/2006
- EFF's Spying Case Moves Forward - Judge Denies Government's Motion to Dismiss AT&T Case, EFF 7/21/2006
- Judge Declines to Dismiss Lawsuit Against AT& T, Wash Post 7/21/2006
- Proposed Surveillance Bill Would Sweep NSA Spying Programs Under the Rug, EFF 7/14/2006
- FBI Proposes Major Net-Tapping Scheme, IP Democracy 7/10/2006
- AT&T, Group Challenge U.S. Spy Program, AP 4/14/2006
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