Foreign Intelligence Surveillance Act (FISA)

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.

Acts

USA PATRIOT Act

USA PATRIOT Act (2001)

1) Link to the Text of the Act
Read the statute on Congress.gov

2) Why It Was Done
Passed quickly after the September 11, 2001 terrorist attacks, the PATRIOT Act expanded law enforcement and intelligence agencies’ powers to investigate and prevent terrorism.

3) Pre-existing Law or Constitutional Rights
Amended or expanded numerous existing laws, including the Foreign Intelligence Surveillance Act (FISA, 1978) and federal criminal procedure statutes. Raised concerns about conflicts with Fourth Amendment privacy rights.

Acts

FISA Amendments Act

FISA Amendments Act (2008)

1) Link to the Text of the Act
Read the statute (50 U.S.C. §§ 1881a et seq.)

2) Why It Was Done
The Act was passed to update the Foreign Intelligence Surveillance Act of 1978 (FISA) in response to modern communications technology and post-9/11 counterterrorism needs. It expanded government surveillance powers, particularly for monitoring communications involving foreign targets.

3) Pre-existing Law or Constitutional Rights
FISA (1978) required warrants from the Foreign Intelligence Surveillance Court (FISC) for electronic surveillance. The 2008 amendments created broad exceptions, raising major Fourth Amendment concerns about privacy and warrantless searches.