Legal Definitions - Foreign Intelligence Surveillance Court

The Foreign Intelligence Surveillance Court (often referred to by its acronym, FISC) is a specialized United States federal court. Its primary responsibility is to review and approve or deny applications from federal law enforcement and intelligence agencies for surveillance warrants and orders related to foreign intelligence gathering within the United States.

This court operates largely in secret to protect classified information and national security. It authorizes various intelligence collection activities, including electronic surveillance, physical searches, and access to business records, when these activities target foreign powers or agents of foreign powers operating within the U.S. The court ensures that such intelligence-gathering efforts comply with the Foreign Intelligence Surveillance Act (FISA) and the Fourth Amendment of the U.S. Constitution.

• Example 1: Electronic Surveillance of a Suspected Foreign Agent

  Imagine a U.S. intelligence agency uncovers information suggesting that a foreign national, residing in the United States, is secretly working on behalf of their home government to steal U.S. trade secrets. To legally monitor this individual's phone calls and internet communications for foreign intelligence purposes, the agency would submit a detailed application to the Foreign Intelligence Surveillance Court. The court would then review the evidence presented to determine if there is probable cause to believe the individual is an agent of a foreign power and that the surveillance is necessary to collect foreign intelligence information, before issuing a warrant.

• Example 2: Physical Search of a Covert Foreign Facility

  Suppose U.S. counterintelligence officials develop intelligence indicating that a foreign government has established a clandestine facility within a U.S. city, which is being used to store classified documents or equipment related to espionage activities. To conduct a physical search of this property to gather foreign intelligence, the intelligence agency would need to apply for a warrant from the Foreign Intelligence Surveillance Court. The court would scrutinize the application to ensure the proposed search is justified under FISA and targets a foreign power or its agent.

• Example 3: Access to Business Records for Counter-Proliferation

  Consider a scenario where a U.S. intelligence agency is investigating a foreign nation's attempts to acquire components for a weapons program through a seemingly legitimate U.S.-based shell company. To obtain financial transactions, shipping manifests, or other business records from this company that could reveal the foreign government's involvement, the agency would petition the Foreign Intelligence Surveillance Court. The court would evaluate the request to ensure that accessing these records is necessary for foreign intelligence collection related to the foreign power's proliferation activities.