Foreign Intelligence Surveillance Act (FISA) (1978)

1) Link to the Text of the Act
Read the statute (50 U.S.C. § 1801 et seq.)

2) 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.

3) 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.

4) 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.

5) Who or What It Controls

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

6) Key Sections / Citations

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

7) Recent Changes or Live Controversies

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

8) Official Sources

• U.S. Code – Title 50, Chapter 36
• FISA Court (official opinions)
• Congressional Research Service – FISA Overview

• National Security
• Surveillance
• Foreign Intelligence
• Privacy
• Civil Liberties