{
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      "id": 340827,
      "date": "2007-02-15",
      "retrieved": "2016-04-07T18:23:35.401029",
      "title": "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",
      "summary": "The Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. \u00a7 1801 et seq., as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In so doing, Congress sought to strike a delicate balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices, and access to certain business records. The USA PATRIOT Act of 2001, P.L. 107-56, made significant changes to some of these provisions. Further amendments were included in the Intelligence Authorization Act for Fiscal Year 2002, P.L. 107-108, and the Homeland Security Act of 2002, P.L. 107-296, the Intelligence Reform and Terrorism Prevention Act, P.L. 108-458, the USA PATRIOT Improvement and Reauthorization Act of 2005, P.L. 109-177, and the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, P.L. 109-178. In addressing international terrorism or espionage, the same factual situation may be the focus of both criminal investigations and foreign intelligence collection efforts. Some of the changes in FISA under these public laws are intended, in part, to facilitate information sharing between law enforcement and intelligence elements. In its Final Report, the 9/11 Commission noted that the removal of the pre-9/11 \u201cwall\u201d between intelligence and law enforcement \u201chas opened up new opportunities for cooperative action within the FBI.\u201d\nOn May 17, 2002, the U.S. Foreign Intelligence Surveillance Court (FISC) issued a memorandum opinion and order written by the then Presiding Judge of the court, and concurred in by all of the other judges then on the court. The unclassified opinion and order were provided to the Senate Judiciary Committee in response to a letter from Senator Leahy, Senator Grassley, and Senator Specter, who released them to the public on August 22, 2002. In its decision, the FISC considered a motion by the U.S. Department of Justice \u201cto vacate the minimization and \u2018wall\u2019 procedures in all cases now or ever before the Court, including this Court\u2019s adoption of the Attorney General\u2019s July 1995 intelligence sharing procedures, which are not consistent with new intelligence sharing procedures submitted for approval with this motion.\u201d The FISC granted the Department\u2019s motion, but modified part of what it saw as proposed minimization procedures. This decision was not appealed directly, but the Department of Justice did seek review of an FISC order granting as modified an application for electronic surveillance of an agent of a foreign power and for an FISC order renewing that surveillance, both subject to restrictions based on the May 17 memorandum opinion and order by the FISC. The U.S. Foreign Intelligence Surveillance Court of Review reversed and remanded the FISC orders on November 18, 2002. 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 and the U.S. Foreign Intelligence Surveillance Court of Review. It will be updated as subsequent changes require.",
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    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs8022/",
      "id": "RL30465 2005-04-21",
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          "id": "Criminal Justice",
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      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs5788/",
      "id": "RL30465 2004-09-22",
      "date": "2004-09-22",
      "retrieved": "2005-06-11T01:10:25",
      "title": "The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions",
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      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc813034/",
      "id": "RL30465_2003Mar31",
      "date": "2003-03-31",
      "retrieved": "2016-03-19T13:57:26",
      "title": "The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions",
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