Legal Definitions - FISA

FISA stands for the Foreign Intelligence Surveillance Act.

FISA is a United States federal law that establishes the procedures for the physical search and electronic surveillance of foreign powers and agents of foreign powers within the United States. Its primary purpose is to gather foreign intelligence information to protect national security. The Act created a special court, known as the Foreign Intelligence Surveillance Court (FISC), which reviews and approves requests from federal law enforcement and intelligence agencies for surveillance warrants. This process is designed to balance the government's need to collect vital intelligence with the privacy rights of individuals.

Here are a few examples of how FISA might apply:

• Example 1: Monitoring a Foreign Diplomat Suspected of Espionage

  U.S. intelligence agencies receive credible information that a foreign diplomat stationed in Washington D.C. is secretly engaging in industrial espionage, attempting to steal proprietary technology from an American aerospace company on behalf of their home country. To gather evidence and prevent the theft, the agencies would need to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) under FISA to legally monitor the diplomat's electronic communications and physical movements.

  This example illustrates FISA because it involves surveillance of a foreign agent (the diplomat) for the purpose of collecting foreign intelligence (preventing industrial espionage), requiring a specific warrant issued by the FISC as mandated by the Act.

• Example 2: Investigating a U.S. Citizen Acting on Behalf of a Foreign Power

  A U.S. citizen living in the United States is suspected of secretly coordinating with a hostile foreign government to recruit individuals for cyberattacks against critical U.S. infrastructure. Intelligence agencies believe this individual is acting as an agent of that foreign power. To investigate and neutralize this threat, they would seek authorization from the FISC under FISA to conduct surveillance on this U.S. citizen.

  This example demonstrates FISA's scope because it applies even to U.S. citizens when they are deemed "agents of a foreign power." The Act provides the legal framework for intelligence agencies to obtain a warrant from the FISC, ensuring judicial oversight when a U.S. person's privacy is involved in a national security investigation.