Report on the fisa amendments act of 2008 in an increasingly interconnected modern world, americans constantly communicate with friends, relatives, colleagues, and business partners overseas by electronic means. Unfortunately, some people also use these international networks for more nefarious purposes. The final vote on the fisa amendments act was 293129 in the house and 6928 in the senate, a significant bipartisan margin in both chambers. Kit bond, the ranking republican on the senate select committee on. Intelligence community to acquire foreign intelligence. Recent media reports and declassified documents reveal a more extensive program than publicly understood. Foreign intelligence surveillance act of 1978 amendments act of 2008. The foreign intelligence surveillance act fisa controls how the u. It has been a governmental spying act for 3 decades. Jessica zuckerman studies homeland security, with a concentration on latin america. Statement by the president on fisa amendments reauthorization. For purposes of section 103i2a of the foreign intelligence surveillance act of 1978 50 u.
Full text of enrolled bill senate vote summary summary. Why the fisa amendments act is unconstitutional for years, the national security agency nsa illegally intercepted millions of americans emails and phone calls. The fisa amendments act of 2008, also called the faa and foreign intelligence surveillance act of 1978 amendments act of 2008, is an act of congress that amended the foreign intelligence surveillance act. The faa amended the foreign intelligence surveillance act fisa of 1978 by authorizing new procedures for. One hundred tenth congress of the united states of america.
House proponents of the fisa amendments have been circulating a series of talking points in response to a new york times editorial condemning the deal, but many of the corrections are themselves. This legislation was the congressional response to the exposure during multiple committee hearings of previous. I began this document to collect quotations from news sources after 27 july 2007, as a resource for students of legal history. In contrast, the reauthorization being debated in 2012 deals with title vii of fisa, as added by the fisa amendments act of 2008. Fisa amendments act of 2008 section 702 summary document. This post summarizes the current status of the reauthorization. Retroactive immunity provided by the fisa amendments act of 2008. Vote set on fisa compromise, opposed by strange bedfellows. Jun 30, 2014 fisa amendments act of 2008 section 702 summary document. Most of the people on here are reactionary idiots who havent even read a summary of the fisa amendments act of 2008 it can be found on wikipedia. The fisa amendments act faa, codified as title vii of the foreign intelligence surveillance act.
The fisa amendments act of 2008 provides critically important authority for the u. Mcadams, iii senior legal instructor legal division introduction the foreign intelligence surveillance act fisa 1 was enacted in 1978. The supreme court is not the only branch of government focused on fisa. Foreign intelligence surveillance amendments act of 2008. May not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to. Title vii of fisa permits the government to acquire foreign intelligence. Section 702 of the foreign intelligence surveillance act fisa authorizes the nsa to collect the electronic communications of nonu. Section 702 is a surveillance authority passed as part of the fisa amendments act in 2008. Report on the surveillance program operated pursuant to. Bush signed the foreign intelligence surveillance act of 1978 amendments acts of 2008 faa into law.
Correcting the record on the section 702 house floor debate. Today im pleased to sign landmark legislation that is vital to the security of our people. Retroactive immunity provided by the fisa amendments act of 2008 description this report discusses the various retroactive immunity mechanisms that were proposed to be included in the fisa amendments act, one of which was ultimately adopted, and their likely effect on lawsuits facing telecommunications providers. The foreign intelligence surveillance act of 1978 fisa pub. In september, the house of representatives passed the reauthorization of the foreign intelligence surveillance amendments act of 2008 faa, which made key updates to the authorities granted to u. Section 702 is supposed to do exactly what its name promises. As many lawfare readers will recall, congress is currently considering reauthorizing title vii of fisa, which is scheduled to expire at the end of the year pursuant to a sunset provision in the 2008 amendments. The fisa accountability and privacy protection act of 20.
Fisa amendments act of 2008 section 702 summary document prepared by the office of general counsel ogc formatting, section titles, and the outline in the left margin added by adet 23 december 2008. The fisa amendments act faa, codified as title vii of the foreign intelligence surveillance act fisa authorizes foreign intelligence surveillance activities that have been vital to keeping the nation safe. Richard burrs bill as it stood before a closed committee markup hearing on oct. The fisa amendments act authorizes warrantless spying on. So long as the purpose of that acquisition was to acquire. While it is reauthorizing fisa amendments act, congress should reform section 704 may, 2016 6 comments in eo 12333, fisa by emptywheel on tuesday, the senate judiciary committee had a public hearing on fisa amendments act reauthorization, which will take place in the next year. Foreign intelligence surveillance act of 1978 amendments. A modified version of the senate judiciary committees amendment in the nature of a substitute to s. Public law 110261july 10, 2008 foreign intelligence surveillance act of 1978 amendments act of 2008 kgrant on pohrrp4g1 with public laws verdate aug 31 2005 17. The fisa amendments act of 2008, also called the faa and foreign intelligence surveillance. The faa amended the foreign intelligence surveillance act fisa of 1978 by authorizing new procedures for electronic surveillance targeting nonunited states persons located outside the united states.
The reauthorization of 702 of the fisa amendments act faa1 in. Title vii of fisa, as added by the fisa amendments act of 2008. The court may not know who, what or where will actually be tapped. My initial interest in the foreign intelligence surveillance act fisa was sparked by president bushs urgent demand for amendments to fisa on 28 july 2007, as a result of a secret court ruling. Government printing office page 2435 foreign intelligence surveillance act of 1978 amendments act of 2008 page 122 stat.
Retroactive immunity provided by the fisa amendments act. Retroactive immunity provided by the fisa amendments act of 2008 in november of 2007, the house of representatives passed h. While it is reauthorizing fisa amendments act, congress. Nsi policy paper fisa amendments act reauthorization. This document summarizes the way the law works and describes the three types of certifications used to permit the surveillance, as well as. Fisa amendments act of 2008 archives just security. Title vii is only tangentially related to the subjects of the previous. Targeting directed at foreign governments and similar entities. Section 702 and the collection of international telephone. It also notes that when nsa is seeking to acquire communications. One of the primary purposes in enacting the faa was the creation of a new way for the us government to compel providers of electronic communications. The fisa amendments act authorizes warrantless spying on americans by jennifer granick on november 5, 2012 at 2. Foreign intelligence surveillance act of 1978 amendments act of 2008 or fisa amendments act of 2008 title i. As described in the briefing accompanying this training, in july 2008, congress enacted the foreign intelligence surveillance act of 1978 amendments act of 2008 faa.
Protect america act of 2007 and fisa amendments act of 2008. The act reauthorizes title vii of the foreign intelligence surveillance act until december 31. Act fisa amendments act reauthorization act of 2012, which extends. May 04, 2020 the fisa amendments act of 2008, also called the faa and foreign intelligence surveillance act of 1978 amendments act of 2008, is an act of congress that amended the foreign intelligence surveillance act. Also known as foreign intelligence surveillance act of 1978 amendments act of 2008 pub. In february of 2008, the senate passed an amendment in the nature of a substitute to h. An updated bill is now available here on monday, the senate select committee on intelligence ssci released a draft bill called the fisa amendments reauthorization act, proposed by sen.
Days later, from the rose garden at the white house, he stated that the new law will allow our intelligence professionals to quickly and effectively monitor the communications of terrorists abroad, while. Amendments act of 2007, or the fisa amendments act of 2007, was reported out of the senate judiciary committee on november 16, 2007. For immediate release july 10, 2008 remarks by the president in signing of h. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism.
Update on the fisa amendments act reauthorization lawfare. Fisa amendments act of 2008 updated june 19, 2008 6. This act may be cited as the foreign intelligence surveillance act of 1978 amendments act of 2008 or the fisa amendments act of 2008. Congress enacted the foreign intelligence surveillance act of 1978. That law amended the foreign intelligence surveillance act of 1978. Last summer, the bush administration came to congress seeking emergency changes to the foreign intelligence surveillance act fisa to address a gap that had arisen in our intelligence collection capabilities, according to administration officials. On monday, october 29, the supreme court heard oral argument in clapper v.
Mcadams, iii senior legal instructor legal division introduction the foreign intelligence surveillance act fisa1 was enacted in 1978. This bill that obama is supporting actually makes it harder for the executive branch to abuse fisa. Congress added title vii of fisa in 2008 to permit additional procedures for. May, 2016 while it is reauthorizing fisa amendments act, congress should reform section 704 may, 2016 6 comments in eo 12333, fisa by emptywheel on tuesday, the senate judiciary committee had a public hearing on fisa amendments act reauthorization, which will take place in the next year.
Foreign intelligence surveillance act of 1978 amendments act. Rather than rein in this abuse of power, lawmakers caved in to the administration and gave the nsa even more expan. Background of the fisa amendments act in once again considering reauthorization of the faa, it is important to remind ourselves why it was necessary to modernize the foreign intelligence surveillance act in the first place. Supreme court hears oral argument on standing issue in. In december 2005, the new york times reported that president.
1196 1041 506 709 1290 1456 601 691 782 647 1004 1283 1413 601 111 825 936 461 650 712 663 806 164 914 914 1480 903 1447 490 880 1007 1317 986