Legal Definitions - foreign guardian

Foreign Intelligence Surveillance Act (FISA)

The Foreign Intelligence Surveillance Act, often abbreviated as FISA, is a United States federal law enacted in 1978. Its primary purpose is to establish a legal framework and specialized court system for authorizing electronic surveillance and physical searches within the United States, specifically when the target is a foreign power or an agent of a foreign power. This law allows U.S. intelligence agencies to obtain warrants for surveillance without needing to demonstrate probable cause of criminal activity, focusing instead on gathering foreign intelligence information to protect national security.

Key aspects of FISA include:

• It created the Foreign Intelligence Surveillance Court (FISC), a secret court that reviews and approves government applications for surveillance warrants.
• It also established the Foreign Intelligence Surveillance Court of Review, which hears appeals from decisions made by the FISC.
• Warrants issued under FISA are typically not publicly disclosed, and the legal standard for obtaining them is centered on foreign intelligence purposes, rather than the traditional criminal probable cause standard.

Here are some examples of how the Foreign Intelligence Surveillance Act might apply:

• Example 1: Counter-Terrorism Operations

  U.S. intelligence agencies receive credible information that a suspected operative of an overseas terrorist organization is communicating from within the United States to coordinate a potential attack against U.S. interests abroad. While there might not yet be sufficient evidence to charge the individual with a crime under standard criminal law, the government could apply to the Foreign Intelligence Surveillance Court for a warrant to monitor the operative's communications. This surveillance would be authorized under FISA to gather intelligence about the foreign terrorist organization's plans and capabilities.

  This illustrates FISA because it allows for surveillance based on foreign intelligence concerns (a foreign terrorist threat) rather than requiring immediate proof of a domestic criminal act, enabling proactive national security measures.

• Example 2: Counter-Espionage Against Foreign Governments

  Imagine U.S. counterintelligence discovers that an individual living in a U.S. city is secretly acting as an unregistered agent for a hostile foreign government, attempting to steal sensitive technological secrets from American companies. The government suspects this individual is using encrypted communications to transmit stolen data back to their foreign handler. The U.S. could seek a FISA warrant to intercept these communications and monitor the individual's activities, even if they haven't yet been caught in the act of a provable crime, to understand the scope of the espionage and protect national assets.

  This demonstrates FISA's role in countering state-sponsored espionage within the U.S., allowing intelligence agencies to monitor individuals acting on behalf of foreign powers to protect national security and economic interests.

• Example 3: Preventing Proliferation of Weapons of Mass Destruction

  Suppose intelligence indicates that a foreign nation attempting to develop weapons of mass destruction is using a network of intermediaries within the United States to acquire specialized components or expertise that are subject to export controls. The U.S. government might apply for a FISA warrant to monitor the communications and activities of these intermediaries to identify the foreign nation's procurement network, disrupt their efforts, and prevent the illegal transfer of sensitive technology.

  This example shows FISA's application in preventing the proliferation of dangerous technologies by allowing surveillance of individuals or entities within the U.S. who are suspected of aiding foreign powers in acquiring such capabilities.