Define: Fisa

FISA stands for the Foreign Intelligence Surveillance Act. It is a United States federal law that governs the surveillance of foreign intelligence activities conducted by U.S. intelligence agencies.

FISA authorizes the collection of intelligence information on foreign powers and agents of foreign powers, including surveillance of their communications, physical searches, and the acquisition of business records.

Only U.S. intelligence agencies, such as the FBI and the NSA, can request surveillance under FISA. They must demonstrate to the Foreign Intelligence Surveillance Court (FISC) that there is probable cause to believe the target is a foreign power or an agent of a foreign power.

FISA can be used to target U.S. citizens or lawful permanent residents if they are suspected of being agents of a foreign power. However, the government must obtain a warrant from the FISC, which requires showing probable cause.

FISA warrants are different from regular criminal warrants because they are issued by the FISC, a specialized court that deals exclusively with intelligence matters. FISA warrants are also typically broader in scope and can authorize surveillance for up to 90 days.

In certain emergency situations, the Attorney General or a designated high-ranking official can authorize surveillance without a warrant for up to 72 hours. However, they must then seek a retroactive warrant from the FISC.

Yes, individuals who believe they have been subjected to unlawful surveillance under FISA can challenge it in court. They can file a lawsuit alleging violations of their constitutional rights or seek remedies under the FISA itself.

The FISC approves the vast majority of FISA warrant applications. From 1979 to 2019, out of the 34,000 applications submitted, only 12 were denied in full.

Yes, FISA is subject to oversight by various entities, including the FISC, the Department of Justice’s Office of Intelligence, and the Privacy and Civil Liberties Oversight Board. Additionally, Congress periodically reviews and reauthorizes FISA provisions.

FISA is not intended to be used for political purposes. It is designed to protect national security by allowing surveillance of foreign powers and their agents. However, there have been instances where FISA surveillance has been controversially used in politically sensitive cases, leading to calls for increased transparency and accountability.