OVERVIEWS

Constitutional & Legal Issues

Foreign Intelligence Surveillance Act

Generally

A - B

Aftergood, Steven. "Supreme Court Rebuffs FISA Challenge." Secrecy News (from the FAS Project on Government Secrecy), 23 Apr. 2001.

With regard to the U.S. Supreme Court's dismissal of the Squillacote-Stand appeal, Aftergood notes that "the FBI requested and received 20 separate FISA authorizations for surveillance" during the Squillacote-Stand investigation. Their attorneys "were never permitted to see the underlying documentation that the government used to justify the surveillance." The government said that "all required procedures were followed at all times,... that access to the FISA applications by the defendants' attorneys was correctly denied on national security grounds[,] ... that the investigation and prosecution of Squillacote and Stand survived multiple layers of judicial review and that their conviction was upheld on appeal."

Aftergood, Steven. "Warrantless Surveillance of Charity Ruled Unlawful." Secrecy News, 1 Apr. 2010. [http://www.fas.org/blog/secrecy]

Judge Vaughn Walker of the Northern District of California ruled on 31 March 2010 that warrantless surveillance of an Islamic charity in Oregon in 2004 violated the Foreign Intelligence Surveillance Act (FISA). The judge found that "the government had unlawfully intercepted international telephone conversations of the Al-Haramain Islamic Foundation without a warrant, as required by the FISA for intelligence and counterterrorism surveillance."

Anderson, Judith. "Constitutionality of FISA." Vanderbilt Journal of Transnational Law 16 (Winter 1983): 231-259.

Petersen: "Legal background and implementation of the Foreign Intelligence Surveillance Act under Reagan."

Banks, William C. "Trolling for Terrorists: New Report Outlines Surveillance Authorities." National Security Law Report 22, no. 3 (May-Jun. 2000): 10-12.

The author discusses a February 2000 report from the DCI, the DIRNSA, and the Attorney General to Congress on the "legal standards employed by elements of the intelligence community in conducting signals intelligence activities, including electronic surveillance."

Baker, Jeffrey L. "Domestic and National Security Wiretaps: A Fourth Amendment Perspective." International Journal of Intelligence and Counterintelligence 12, no. 1 (Spring 1999): 1-17.

"Throughout the twentieth century, a well-balanced process of coordinating electronic surveillance evolved out of both legislation and Supreme Court decisions."

Bazan, Elizabeth B. The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and U.S. Foreign Intelligence Surveillance Court and U.S. Foreign Intelligence Surveillance Court of Review Decisions. Washington, DC: Congressional Research Service, Library of Congress, Updated 15 Feb. 2007. Available at: http://www.fas.org/sgp/crs/intel/RL30465.pdf.

"This report will examine the detailed statutory structure provided by FISA and related provisions of E.O. 12333, and will discuss the decisions of the U.S. Foreign Intelligence Surveillance Court [17 May 2002] and the U.S. Foreign Intelligence Surveillance Court of Review [18 November 2002]."

Bazan, Elizabeth B. Foreign Intelligence Surveillance Act: Selected Legislation from the 108th Congress. Washington, DC: Congressional Research Service, Library of Congress, Updated 11 Jan. 2005. Available at: http://www.fas.org/sgp/crs/intel/RL32608.pdf.

Bazan, Elizabeth B., and Jennifer K. Elsea. "Memorandum: Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information." Washington, DC: Congressional Research Service, Library of Congress, 5 Jan. 2006. Available at: http://www.fas.org/sgp/crs/intel/m010506.pdf.

After a detailed analysis of "the constitutional and statutory issues raised by the NSA electronic surveillance activity," the memorandum concludes that "the Administration's legal justification, as presented in the summary analysis from the Office of Legislative Affairs, does not seem to be as well-grounded as the tenor of that letter suggests."

Bazan, Elizabeth B., Gina Marie Stevens, and Brian T. Yeh. Government Access to Phone Calling Activity and Related Records: Legal Authorities. Washington, DC: Congressional Research Service, Library of Congress, 20 Aug. 2007. Available at: http://www.fas.org/sgp/crs/intel/RL33424.pdf.

"This report summarizes statutory authorities regarding access by the government, for either foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices. Where pertinent, it also discusses statutory prohibitions against accessing or disclosing such information, along with relevant exceptions to those prohibitions."

Bazan, Elizabeth B., and Brian T. Yeh. Intelligence Reform and Terrorism Prevention Act of 2004: "Lone Wolf" Amendment to the Foreign Intelligence Surveillance Act. Washington, DC: Congressional Research Service, Library of Congress, 19 Dec. 2006. Available at: http://www.fas.org/sgp/crs/intel/RS22011.pdf.

Bradley, Alison A. "Extremism in the Defense of Liberty?: The Foreign Intelligence Surveillance Act and the Significance of the Patriot Act." Tulane Law Review 70, no. 2 (2002): 465-494. [Marlatt]

Bulzomi, Michael J. "Foreign Intelligence Surveillance Act: Before and After the USA PATRIOT Act." FBI Law Enforcement Bulletin 72, no. 6 (Jun. 2003). [http://www.fbi.gov]

The USA PATRIOT Act "amends FISA so that intelligence officials may coordinate efforts with law enforcement officials to investigate or protect against attacks, terrorism, sabotage, or clandestine intelligence activities." Congress essentially "rejected the idea of having a 'wall' between foreign intelligence and law enforcement officials when the object of the investigation is to detect, prevent, or prosecute foreign intelligence crimes."

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