Retroactive immunity provided by the fisa amendments act of 2008 description this report discusses the various retroactive immunity mechanisms that were proposed to be included in the fisa amendments act, one of which was ultimately adopted, and their likely effect on lawsuits facing telecommunications providers. The fisa amendments act of 2008, also called the faa and foreign intelligence surveillance act of 1978 amendments act of 2008, is an act of congress that amended the foreign intelligence surveillance act. Under thenpresident barack obama, the fisc approved a modification that allows the nsa to search through the data of americans, using their names. Bush signed the foreign intelligence surveillance act of 1978 amendments acts of 2008 faa into law. That law established, first, that noncriminal electronic surveillances within the united states were only permissible for the purpose of collecting foreign intelligence andor foreign counterintelligence. Freedom act, which circumscribed the governments ability to obtain telephone records as part of its foreign intelligence gathering operations.
Fisa amendments act of 2008 also known as foreign intelligence surveillance act of 1978 amendments act of 2008 pub. While it is reauthorizing fisa amendments act, congress should reform section 704 may, 2016 6 comments in eo 12333, fisa by emptywheel on tuesday, the senate judiciary committee had a public hearing on fisa amendments act reauthorization, which will take place in the next year. Foreign intelligence surveillance act of 1978 amendments. This legislation was the congressional response to the exposure during multiple committee hearings of previous. Protecting americans by monitoring international communicationsis it reasonable. For immediate release july 10, 2008 remarks by the president in signing of h. Fisa amendments act of 2008 as of jun 20, 2008 passed the house version. The foreign intelligence surveillance act, the fisa amendments act faa, section 702, prism, upstream, 50 u. The fisa amendments act of 2008, also called the faa and foreign intelligence surveillance act of 1978 amendments act of 2008, is an act of congress that. In 2008, legislation was enacted that modernized the foreign intelligence surveillance act of 1978. While it is reauthorizing fisa amendments act, congress. Mcadams, iii senior legal instructor legal division introduction the foreign intelligence surveillance act fisa1 was enacted in 1978. This document summarizes the way the law works and describes the three types of certifications used to permit the surveillance, as well as. A modified version of the senate judiciary committees amendment in the nature of a substitute to s.
Government printing office page 2435 foreign intelligence surveillance act of 1978 amendments act of 2008 page 122 stat. Nov, 2012 in september, the house of representatives passed the reauthorization of the foreign intelligence surveillance amendments act of 2008 faa, which made key updates to the authorities granted to u. James clapper, the director of national intelligence dni, and u. In february of 2008, the senate passed an amendment in the nature of a substitute to h. Retroactive immunity provided by the fisa amendments act of 2008.
The indian information technology act 2000 act was a based on the model law on electronic commerce adopted by the united nations commission on international trade law 1. Foreign intelligence surveillance act of 1978 amendments act of 2008 or fisa amendments act of 2008 title i. Fisa amendments act of 2008 updated june 19, 2008 6. Foreign intelligence surveillance act of 1978 amendments act of 2008.
The trump campaign and transition team is spied on. President, i begin my remarks by thanking the chairman of the intelligence committee, senator rockefeller, and the vice chairman of the intelligence committee, senator bond, the house speaker, and the house leadership for their distinguished work on this piece of legislation. Section 702 of the fisa amendments act of 2008, passed under thenpresident george w. I began this document to collect quotations from news sources after 27 july 2007, as a resource for students of legal history. Public law 110261july 10, 2008 foreign intelligence surveillance act of 1978 amendments act of 2008 kgrant on pohrrp4g1 with public laws verdate aug 31 2005 17. Other major changes to fisa include the fisa amendments act of 2008 faa, codified as title vii of fisa.
In september, the house of representatives passed the reauthorization of the foreign intelligence surveillance amendments act of 2008 faa, which made key updates to the authorities granted to u. Protect america act of 2007 and fisa amendments act of 2008. The fisa amendments act faa, codified as title vii of the foreign intelligence surveillance act fisa authorizes foreign intelligence surveillance activities that have been vital to keeping the nation safe. Foreign intelligence surveillance amendments act of 2008 set. Retroactive immunity provided by the fisa amendments act. Retroactive immunity provided by the fisa amendments act of 2008 in november of 2007, the house of representatives passed h. Activities under section 702 of the foreign intelligence surveillance act amendments act of 2008, has been rereleased with additional information declassified by agencies with the authority to do so. Amendments to the foreign intelligence surveillance act fisa extended until june 1, 2015 download 4. Foreign intelligence surveillance act of 1978 amendments act of 2008 or fisa. Section 702 is a surveillance authority passed as part of the fisa amendments act in 2008. Aug 29, 2009 notwithstanding any other provision of this act, any amendment made by this act, the protect america act of 2007 public law 11055, or the foreign intelligence surveillance act of 1978 50 u. The court may not know who, what or where will actually be tapped.
It means that the foreign intelligence surveillance act is the only, the exclusive, means for conducting electronic surveillance inside the united states for foreign intelligence purposes. Motion for leave to participate in fisc proceedings. Act fisa amendments act reauthorization act of 2012, which. Kit bond, the ranking republican on the senate select committee on.
As described in the briefing accompanying this training, in july 2008, congress enacted the foreign intelligence surveillance act of 1978 amendments act of 2008 faa. The following pages in this version of the report contain information that was previously redacted. Suggested citation blum, stephanie cooper, what really is at stake with the fisa amendments act of 2008 and ideas for future surveillance reform may 4, 2009. This report focuses on the most significant set of amendments. Fisa amendments act of 2008 updated june 19, 2008 5. My initial interest in the foreign intelligence surveillance act fisa was sparked by president bushs urgent demand for amendments to fisa on 28 july 2007, as a result of a secret court ruling. Foreign intelligence surveillance amendments act of 2008. What really is at stake with the fisa amendments act of 2008. Congress added title vii of fisa in 2008 to permit additional procedures for targeting. Last wednesday, the house of representatives reauthorized the foreign intelligence surveillance amendments act of 2008 faa, which expires at the end of the year.
Amendments act of 2007, or the fisa amendments act of 2007, was reported out of the senate judiciary committee on november 16, 2007. That law amended the foreign intelligence surveillance act of 1978. The fisa amendments act of 2008 provides critically important authority for the u. Today im pleased to sign landmark legislation that is vital to the security of our people. The fisa amendments act authorizes warrantless spying on americans by jennifer granick on november 5, 2012 at 2.
Intelligence community to acquire foreign intelligence. Fisa has been amended several times since its enactment in 1978. It has been used as the legal basis for surveillance programs disclosed by edward snowden in 20, including prism. Days later, from the rose garden at the white house, he stated that the new law will allow our intelligence professionals to quickly and effectively monitor the communications of terrorists abroad, while. One of the primary purposes in enacting the faa was the creation of a new way for the us government to compel providers of electronic communications.
What really is at stake with the fisa amendments act of. This act may be cited as the foreign intel ligence surveillance act of 1978 amendments act of 2008 or the. Fisa amendments act of 2008 archives just security. The fisa amendments act faa, codified as title vii of the foreign intelligence. Correcting the record on the section 702 house floor debate. In 1978, it presented the foreign intelligence surveillance act to president carter, who signed it into law. Foreign intelligence surveillance amendments act of 2008 the. Bush, allows for spying and collecting data on foreigners. The foreign intelligence surveillance act of 1978 fisa pub. This act may be cited as the foreign intelligence surveillance act of 1978 amendments act of 2008 or the fisa amendments act of 2008. Title vii of fisa, as added by the fisa amendments act of 2008, created new separate. The fisa amendments act of 2008, which passed with a bipartisan majority of congress and broad support from the intelligence community, allows intelligence professionals to more quickly and effectively monitor terrorist communications, while protecting the civil liberties of. Foreign intelligence surveillance act fisa, fisa amendments act faa, terrorist surveillance progam, fisa reform suggested citation.
Download citation on jan 1, 2010, jessica loconte and others published fisa amendments act 2008. Fisa amendments act of 2008 speeches united states. Foreign intelligence surveillance act of 1978 amendments act. The fisa amendments act authorizes warrantless spying on.
Section 702 is supposed to do exactly what its name promises. Rockefeller iv, chairman of the senate intelligence committee. Also known as foreign intelligence surveillance act of 1978 amendments act of 2008 pub. Attorney general ag eric holder have informed leaders in congress that reauthorizing the faa. Notwithstanding any other provision of this act or of the foreign intelligence surveillance act of 1978 50 u. Reauthorization amendments act of 2006, the fisa amendments act of 2008, the fisa sunsets extension act in 2012, and the usa freedom act of 2015. The faa was enacted following the public disclosure of the national security agencys nsa. The summary has been expanded because action occurred on the measure.
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