Foreign Intelligence Surveillance Act (FISA)

1978

50 U.S.C. § 1801 et seq.

📌 Link to the Text of the Act

Read the statute (50 U.S.C. § 1801 et seq.)

📌 Why It Was Done

FISA was enacted after revelations of widespread domestic spying (e.g., the Church Committee) to regulate government surveillance for foreign intelligence purposes and establish judicial oversight.

📌 Pre-existing Law or Constitutional Rights

Prior intelligence gathering relied on executive claims of inherent authority. FISA created a statutory framework with judicial checks, aiming to protect Fourth Amendment rights while enabling national security investigations.

📌 Overreach or Proper Role?

Supporters say it struck a balance between security and privacy. Critics argue the secretive FISA Court acts as a “rubber stamp,” and amendments after 9/11 expanded its scope to mass surveillance.

📌 Who or What It Controls

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Intelligence and law enforcement agencies (NSA, FBI, CIA)
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Telecommunications providers assisting with surveillance orders
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Foreign powers and agents targeted under U.S. jurisdiction

📌 Key Sections / Citations

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50 U.S.C. § 1801 (definitions)
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50 U.S.C. § 1803 (establishment of the FISA Court)
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50 U.S.C. § 1805 (orders approving electronic surveillance)
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50 U.S.C. § 1881a (Section 702 – added in 2008, authorizing broad surveillance of foreign communications)

📌 Recent Changes or Live Controversies

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PATRIOT Act (2001) and FISA Amendments Act (2008) greatly expanded FISA powers
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Section 702 reauthorizations remain highly controversial, with critics citing warrantless collection of Americans’ communications
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Ongoing congressional debates about reforms, transparency, and oversight