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Author : Elizabeth B. Bazan
Publisher : Nova Publishers
Page : 184 pages
File Size : 51,6 Mb
Release : 2008
Category : Current Events
ISBN : 1604561513
Foreign Intelligence Surveillance Act: Overview & Modifications.
Author : United States. Congress. Senate. Select Committee on Intelligence. Subcommittee on Intelligence and the Rights of Americans
Publisher : Unknown
Page : 322 pages
File Size : 46,6 Mb
Release : 1976
Category : Eavesdropping
ISBN : LOC:00034526424
Author : Markus Korjus
Publisher : Nova Science Publishers
Page : 0 pages
File Size : 46,6 Mb
Release : 2013-09
Category : Civil rights
ISBN : 1628082356
The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This book outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions are implicated in this debate - the Fourth and Fifth Amendments.
Author : Markus Korjus
Publisher : Unknown
Page : 65 pages
File Size : 46,9 Mb
Release : 2013
Category : Civil rights
ISBN : 1628082364
"The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This book outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions are implicated in this debate - the Fourth and Fifth Amendments."--Publisher's description.
Author : Brett J. Wills
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2010
Category : Eavesdropping
ISBN : 1606922815
This book is an overview of The Foreign Intelligence Surveillance Act (FISA), which was passed in 1978 and provides a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. 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 Patriot Act of 2001 made significant changes to some of these provisions. 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 these 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 "wall" between intelligence and law enforcement "has opened up new opportunities for co-operative action within the FBI".
Author : United States. Congress. Senate. Select Committee on Intelligence
Publisher : Unknown
Page : 272 pages
File Size : 47,9 Mb
Release : 2008
Category : Electronic surveillance
ISBN : UCSD:31822030281406
Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 216 pages
File Size : 44,5 Mb
Release : 2008
Category : Law
ISBN : PSU:000063525083
Author : Elizabeth B. Bazan
Publisher : Unknown
Page : 0 pages
File Size : 42,9 Mb
Release : 2008
Category : Electronic surveillance
ISBN : OCLC:1397891812
The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate-the Fourth and First Amendments. This report briefly examines these issues and sets them in context. The 110th Congress has been very active in developing and considering measures to amend FISA to address these issues. On August 5, 2007, the Protect America Act, P.L. 110-55, was enacted into law. It expired on February 16, 2008, after passage of a 15-day extension to its original sunset date, P.L. 110-182. On November 15, 2007, the House of Representatives passed H.R. 3773, the RESTORE Act of 2007. On February 12, 2008, the Senate passed S. 2248, as amended, then struck all but the enacting clause of H.R. 3773, and inserted the text of S. 2248, as amended, in its stead. On March 14, 2008, the House passed an amendment to the Senate amendment to H.R. 3773. After months of intensive negotiations, on June 19, 2008, a compromise bill, H.R. 6304, was introduced in the House. It was passed by the House the following day. On June 26, 2008, a cloture motion on the measure was presented in the Senate. Further activity on H.R. 6304 is anticipated after the Senate returns from the July 4th recess. Each of these bills differs somewhat in content and approach from one another. This report also briefly explores legislative responses to the issues addressed. It will be updated as needed.
Author : Gina Marie Stevens
Publisher : DIANE Publishing
Page : 179 pages
File Size : 46,8 Mb
Release : 2010-11
Category : Law
ISBN : 9781437926972
An overview of fed. law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a biblio. of legal commentary as well as the text of the Electronic Commun. Privacy Act (ECPA) and the Foreign Intell. Surveillance Act. The gov¿t. has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, install and use pen registers and trap and trace devices for law enforcement purposes under the ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act. This report includes a brief summary of the expired Protect America Act, and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008.
Author : Committee on the Judiciary House of Representatives
Publisher : Createspace Independent Publishing Platform
Page : 102 pages
File Size : 42,8 Mb
Release : 2017-06-23
Category : Electronic
ISBN : 1548261572
In February of 2016, the Judiciary Committee held a classified hearing that began consideration of the reauthorization of the FISA Amendments Act, which was first signed into law in 2008 and reauthorized in 2012. Much has happened since the law was last reauthorized, however, including the unauthorized disclosures of classified information by Edward Snowden in 2013 that spawned significant public debate on U.S. Government surveillance. There has been jurisprudence upholding the statute's constitutionality. Like congressional oversight, judicial oversight of this program is an integral safeguard. Congress enacted FISA in 1978 to establish statutory guidelines authorizing the use of electronic surveillance in the United States for foreign intelligence purposes. Following enactment, global communications infrastructure shifted from satellite to fiberoptic wire, altering the manner in which domestic and foreign communications are transmitted. This technological shift had the adverse and unintended effect of requiring the government to obtain an individualized FISA court order to monitor foreign communications by non-U.S. persons. In 2008, the FISA Amendments Act established procedures for the collection of foreign intelligence on targets located outside U.S. borders. At its core, Section 702 of the act permits the attorney general and the director of national intelligence to jointly authorize the targeting of non-U.S. persons reasonably believed to be located outside the United States. The intelligence community has deemed Section 702 its most important tool in battling terrorism. However, it has also been criticized by some as an overly broad program that collects communications of U.S. citizens without sufficient legal process.
Author : Laura K. Donohue
Publisher : Oxford University Press
Page : 224 pages
File Size : 55,6 Mb
Release : 2016-02-23
Category : Law
ISBN : 9780190235390
Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.
Author : Barbara A. Grewe
Publisher : DIANE Publishing
Page : 35 pages
File Size : 50,9 Mb
Release : 2009-12
Category : Electronic
ISBN : 9781437918373
As the threat of terrorism from radical Islamic groups developed, the FBI had both law enforce. and intell. respon. in response to the threat. And it had different tools to use depending on whether its invest. was an intell. matter or a criminal matter. For criminal matters the FBI could use traditional criminal warrants. For intell. matters it could apply to a special court for warrants pursuant to the FIS Act of 1978. This law governs electronic surveillance and physical searches of foreign powers and their agents within the U.S. This divergence in purposes for the respective types of invest. led to info. sharing barriers being erected between the invest. This paper describes the history and development of the various barriers and their impact on the 9/11 story.
Author : Elizabeth B. Bazan
Publisher : Unknown
Page : 100 pages
File Size : 50,9 Mb
Release : 2006
Category : Eavesdropping
ISBN : STANFORD:36105063820927
Recent media revelations that the President authorized the National Security Agency (NSA) to collect signals intelligence from communications involving U.S. persons within the United States, without obtaining a warrant or court order, raise numerous questions.
Author : Elizabeth B. Bazan
Publisher : Nova Publishers
Page : 80 pages
File Size : 45,5 Mb
Release : 2002
Category : Law
ISBN : 1590334957
Recent amendments to the Foreign Intelligence Surveillance act have given the government expanded powers for electronic investigation under the act. Many have voiced concerns that with such broad rules the personal freedoms enshrined in American tradition are in danger, despite the protestations of federal officials who say they will not abuse their authority. Given the current threats to U.S. security and revelations about intelligence failures leading to September 11, 2001, there is a case to be made that national security trumps individual liberty in certain cases. As questions arise over "battlefield detainees" and the fate of those held for undisclosed violations, the importance of law enforcement regulations takes center stage.
Author : United States. Congress. House. Permanent Select Committee on Intelligence. Subcommittee on Legislation
Publisher : Unknown
Page : 88 pages
File Size : 52,6 Mb
Release : 1990
Category : Electronic surveillance
ISBN : PSU:000017157988
