Define: Foreign Intelligence Surveillance Court

The FISC is a U.S. federal court established under the Foreign Intelligence Surveillance Act (FISA) to oversee requests for surveillance warrants against suspected foreign intelligence agents inside the United States.

The FISC is unique in that it operates in secret and hears only government applications for surveillance warrants related to national security matters.

Only the U.S. government, specifically the Department of Justice and the Federal Bureau of Investigation, can apply for surveillance warrants from the FISC.

The government must submit an application to the FISC, which includes detailed information about the surveillance target and the specific information sought. The court then reviews the application and either approves or denies the warrant.

The FISC is responsible for ensuring that the government’s surveillance activities comply with the Fourth Amendment and other legal requirements related to privacy and civil liberties.

In most cases, individuals do not have standing to challenge FISC-issued surveillance warrants because the court’s proceedings are secret and the targets of surveillance are often unaware of the warrants.

The FISC approves the vast majority of surveillance warrant applications it receives, but it has the authority to deny applications that do not meet legal standards.

The FISC operates under the supervision of the Foreign Intelligence Surveillance Court of Review and is also subject to oversight by the U.S. Congress.

Decisions of the FISC can be appealed to the Foreign Intelligence Surveillance Court of Review and, in some cases, to the U.S. Supreme Court.

The FISC is tasked with weighing the government’s national security interests against the privacy rights of individuals when considering surveillance warrant applications, and it is required to ensure that any surveillance activities are conducted in a manner that respects the rule of law.