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	Foreign Intelligence Surveillance Act - FISA Court - Domestic Spying
		Foreign Intelligence Surveillance Act is aimed at regulating the collection of "foreign intelligence" information in furtherance of U.S. counterintelligence, whether or not any laws were or will be broken.
		On the basis of the application, a FISC judge must find probable cause that the target is a foreign power or agent of a foreign power, and that the facilities where the surveillance is directed are or will be used by the target.
		Courts have attached conditions to the executive's use of warrantless surveillance, including the requirement that the President or Attorney General authorize the search, the search targets a foreign power or its agents, and the primary purpose of the search is to gather foreign intelligence information.
	www.fisacourt.com (360 words)

	United States Foreign Intelligence Surveillance Court - Wikipedia, the free encyclopedia
		The United States Foreign Intelligence Surveillance Court (or FISC) is a U.S. federal court authorized under 50 U.S.C. It was established by the Foreign Intelligence Surveillance Act of 1978 (FISA).
		The FISC oversees requests for surveillance warrants against suspected foreign intelligence agents inside the United States by federal police agencies (primarily the F.B.I. The FISA and FISC were inspired by the recommendations of the Church Committee.
		In 2001, the USA PATRIOT Act expanded the court from seven to eleven judges, and required that at least three of the judges of the court be from within twenty miles of the District of Columbia.
	en.wikipedia.org /wiki/Foreign_Intelligence_Surveillance_Court (883 words)

	Foreign Intelligence Surveillance Court Opinion
		The Department of Justice has moved this Court to vacate the minimization and "wall" procedures in all cases now or ever before the Court, including this Court's adoption of the Attorney General's July 1995 intelligence sharing procedures, which are not consistent with new intelligence sharing procedures submitted for approval with this motion.
		Thus in approving minimization procedures the Court is to ensure that the intrusiveness of foreign intelligence surveillances and searches on the privacy of U.S. persons is "consistent" with the need of the United States to collect foreign intelligence information from foreign powers and their agents.
		The Court FINDS that parts of section II.B of the minimization procedures submitted with the Government's motion are NOT reasonably designed, in light of their purpose and technique, "consistent with the need of the United States to obtain, produce, or disseminate foreign intelligence information" as defined in §1801(h) and §1821(4) of the Act.
	www.fas.org /irp/agency/doj/fisa/fisc051702.html (5553 words)

	Inside America's Secret Court - Patrick S. Poole
		The FISC court conducts all of its hearings in a secret windowless courtroom, sealed from the public by cipher-locked doors on the top floor of the Department of Justice.
		If surveillance is conducted with cause and criminal prosecution result, the government should be required to meet the same Title III surveillance requirements imposed upon all other law enforcement efforts conducted on the federal, state and local level in order to present that evidence in a criminal trial.
		Even if the court intended to review these applications with a careful eye on the Constitution, the secrecy element allows the FBI and the NSA to control what information is presented to the court for their consideration.
	fly.hiwaay.net /~pspoole/fiscshort.html (3899 words)

	Federal Judicial History \| Foreign Intelligence Surveillance Court (Site not responding. Last check: 2007-11-05)
		Warrant applications under the Foreign Intelligence Surveillance Act are drafted by attorneys in the General Counsel’s Office at the National Security Agency at the request of an officer of one of the federal intelligence agencies.
		Each application must contain the Attorney General’s certification that the target of the proposed surveillance is either a “foreign power” or “the agent of a foreign power” and, in the case of a U.S. citizen or resident alien, that the target may be involved in the commission of a crime.
		To ensure that the court can convene on short notice, at least one of the judges is required to be a member of the U.S. District Court for the District of Columbia.
	www.fjc.gov /history/home.nsf/page/fisc_bdy!OpenDocument&Click= (431 words)

	Terrorism in the Age of Surveillance, 7/28/02
		The May 2002 FISA court decision on the sharing of information gathered for foreign intelligence purposes with criminal investigators highlights the discriminatory and "unbalanced" effects of putting political and religious groups under surveillance.
		Foreign intelligence investigations are not required to satisfy 4th Amendment requirements, because the information is not intended to be used to bring someone to justice.
		The FISA court states that its decision "raises no constitutional questions." It states that its decision "involves straight-forward application of the FISA" and is "based on traditional statutory construction of the FISA's provisions." The court does not, therefore, overtly decide that the PATRIOT Act provision which amended FISA is unconstitutional.
	www.ratical.org /ratville/CAH/FISAcourt.html (2259 words)

	EPIC - Foreign Intelligence Surveillance Act
		This is not the general rule under FISA: surveillance under FISA is permitted based on a finding of probable cause that the surveillance target is a foreign power or an agent of a foreign power, irrespective of whether the target is suspected of engaging in criminal activity.
		Foreign Intelligence Information (FII) is information that relates to U.S. ability to protect against possible hostile acts of a foreign power or an agent of a foreign power, sabotage or terrorism by a foreign power or agent, and clandestine intelligence activities by a foreign power or agent.
		That laxity is premised on the assumption that Congress and the courts should not unduly restrain the Executive Branch, in pursuit of its national security responsibilities to monitor the activities of foreign powers and their agents.
	www.epic.org /privacy/terrorism/fisa (3272 words)

	[No title]
		Pursuant to Section 102(b) of the Foreign Intelligence Act of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to approve applications to the court having jurisdiction under Section 103 of that Act [50 U.S.C. 1803] to obtain orders for electronic surveillance for the purpose of obtaining foreign intelligence information.
		In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 72 hours from the time of authorization by the Attorney General, whichever is earliest.
		If the court determines that the surveillance was lawfully authorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
	uscode.house.gov /download/pls/50C36.txt (6216 words)

	Inside America's Secret Court - Patrick S. Poole
		The FISC court conducts all of its hearings in a secret windowless courtroom, sealed from the public by cipher-locked doors on the top floor of the Department of Justice.
		If surveillance is conducted with cause and criminal prosecution result, the government should be required to meet the same Title III surveillance requirements imposed upon all other law enforcement efforts conducted on the federal, state and local level in order to present that evidence in a criminal trial.
		Even if the court intended to review these applications with a careful eye on the Constitution, the secrecy element allows the FBI and the NSA to control what information is presented to the court for their consideration.
	home.hiwaay.net /~pspoole/fiscshort.html (3899 words)

	ABC News: Going Around the FISA Court
		Known as the FISA Court, it has handled the most sensitive domestic wiretaps in national security investigations since it was set up under the 1978 Foreign Intelligence Surveillance Act.
		Intelligence officials know what channels to listen in on from cell phones and laptop computers that had been recovered from al Qaeda detainees, such as 9/11 mastermind Khalid Shaikh Mohammed.
		The judges currently serving the FISA Court were briefed by NSA and Justice Department officials on the program earlier in the month in a three-hour meeting at the Justice Department.
	abcnews.go.com /Politics/story?id=1537691 (912 words)

	Foreign Intelligence Surveillance Act
		Defendants sought electronic surveillance information, held by the prosecution, that the CIA obtained during a potentially illegal wiretap, wanting to ascertain whether the government had relied on information in the indictment or the case for conviction and to suppress any tainted evidence at trial.
		Courts that have allowed evidence gathered during the surveillance to support a criminal conviction have required that intelligence be the "primary" purpose of the surveillance.
		A copy of the certification must be filed with the FISC, where it remains sealed unless (a) an application for a warrant with respect to it is filed, or (b) the legality of the surveillance is challenged in another federal district court under § 1806(f).
	www.eff.org /Censorship/Terrorism_militias/fisa_faq.html (3200 words)

	US CODE: Title 50,1822. Authorization of physical searches for foreign intelligence purposes
		The Attorney General shall assess compliance with such procedures and shall report such assessments to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate under the provisions of section 1826 of this title.
		Applications for a court order under this subchapter are authorized if the President has, by written authorization, empowered the Attorney General to approve applications to the Foreign Intelligence Surveillance Court.
		The court of review established under section 1803 (b) of this title shall have jurisdiction to review the denial of any application made under this subchapter.
	www4.law.cornell.edu /uscode/50/1822.html (612 words)

	FISA
		Foreign Intelligence Surveillance Act of 1977, Hearings on S. 1566 Before the Subcomm.
		Foreign Intelligence Surveillance Act, Hearings on H.R. 7308 and H.R. 5632 Before the Subcomm.
		Foreign Intelligence Surveillance Act of 1978, before the Subcomm.
	www.cnss.org /fisa.htm (1137 words)

	Bush's Secret 'Kangaroo' Court (Site not responding. Last check: 2007-11-05)
		FISA court Presiding Judge Colleen Kollar-Kotelly, who had been briefed on the spying program by the administration, raised the same concern in 2004 and insisted that the Justice Department certify in writing that it was not occurring.
		For more than a quarter-century, that court had been seen as the only body that could legally authorize secret surveillance of espionage and terrorism suspects, and only when the Justice Department could show probable cause that its targets were foreign governments or their agents.
		The presiding judge of a secret court that oversees government surveillance in espionage and terrorism cases is arranging a classified briefing for her fellow judges to address their concerns about the legality of President Bush's domestic spying program, according to several intelligence and government sources.
	www.apfn.org /apfn/Bush_court.htm (5027 words)

	Foreign Intelligence Surveillance Act of 1978 - dKosopedia
		It also requires the Chief Justice of the United States to designate seven district court judges to the United States Foreign Intelligence Surveillance Court (FISC)to hear applications for, and grant orders approving, electronic surveillance anywhere within the United States.
		DeWine’s proposal would have lowered the standard for obtaining a warrant for surveillance of foreigners within the United States from “probable cause” to “reasonable suspicion.” The Justice Department was represented by James A. Baker, who was the Counsel for Intelligence Policy, and head of Office of Intelligence Policy and Review.
		FISA was passed in response to the relevation of Project Shamrock, which was a 25 year effort by the NSA to read every international telegram entering or leaving the United States, including messages to or from US citizens.
	www.dkosopedia.com /wiki/Foreign_Intelligence_Surveillance_Act_of_1978 (731 words)

	Human Rights First \| Us Law & Security \| Foreign Intelligence Surveillance Act (FISA)
		This court was created specifically to hear ex parte government appeals of FISA applications that have been denied by the Foreign Intelligence Surveillance Court (there is no mechanism for hearing appeals of successful FISA applications).
		The court determined that Congress had intended to relax the barriers between criminal law enforcement and foreign intelligence gathering when it passed the USA PATRIOT Act.
		The court also noted, however, that ordinary crimes would sometimes be inextricably intertwined with foreign intelligence crimes.
	www.humanrightsfirst.org /us_law/privacy/fisa.htm (1747 words)

	War on Americans \| Foreign Intelligence Surveillance Court gets new powers
		They argued, in part, that the secret court was only supposed to be used for intelligence purposes and not domestic law enforcement.
		This sometimes touchy relationship between foreign intelligence and domestic law enforcement is at the heart of the current debate over the court's work.
		The new anti-terrorism law, though, expands this so that foreign intelligence need only be a "significant purpose." This seemingly slight shift in wording worries those who fear too many people will be swept up in a law enforcement net.
	www.sweetliberty.org /issues/war/safety/seccourt.htm (940 words)

	National Security
		The new law accomplishes this by clarifying that FISA's definition of "electronic surveillance" does not apply to activities directed at persons reasonably believed to be outside the United States, thereby restoring the statute to its original focus on appropriate protections for the rights of persons in the United States.
		The Attorney General is required to submit to the FISA court the procedures by which the Federal government determines that the authorized acquisitions of foreign intelligence do not constitute electronic surveillance and thus do no trigger FISA's court approval requirements.
		It made no sense to require the Government to obtain a court order to collect foreign intelligence on targets located in foreign countries, nor was such a requirement intended when Congress passed FISA nearly 30 years ago.
	www.whitehouse.gov /infocus/nationalsecurity (1175 words)

	Attorney General Ashcroft News Conference Transcript Regarding Decision of Foreign Intelligence Surveillance Court of ...
		In intelligence, in counter-intelligence, and counter-terrorism investigations, the court's ruling confirmed the Department of Justice's legal authority to integrate fully the functions of law enforcement and intelligence.
		This decision does allow law enforcement officials to learn from intelligence officials, and vice versa, as a means of sort of allowing the information to flow from one community to another as long as there are fundamental definitions met, reinforced by this court, realistic options of enforcement and intelligence value.
		When there were initial reservations about that expressed in the FISA court at the first level, those activities were suspended until they could be resolved by the higher court in its dispassionate, careful review of the Constitution and its evaluation of the responsibilities of the Justice Department.
	www.mapcruzin.com /news/terrorspeak112002c.htm (2401 words)

	The Memory Hole > Members of the Foreign Intelligence Surveillance Court of Review
		Although the judges on the Foreign Intelligence Surveillance Court are a mystery, the three judges who comprise the Foreign Intelligence Surveillance Court of Review have been revealed.
		A semi-retired judge on the Sixth U.S. Circuit Court of Appeals in Cincinnati, to which he was appointed in 1983, he turned 73 on Friday.
		At 66, he is a semi-retired judge on the U.S. Court of Appeals for the District of Columbia, appointed in 1985.
	www.thememoryhole.org /spy/fiscr-members.htm (377 words)

	NPR : The Secret Court of Terror Investigations
		The Foreign Intelligence Surveillance Court was supposed to put an end to the kinds of wiretaps that were placed on the phones of enemies of President Nixon, such as Morton Halperin.
		And the civil libertarians who once viewed the court as a protection against civil liberties now fear it could be used to authorize unwarranted surveillance once again.
		For privacy advocate Marcia Hoffman, the documents do uncover a problem with the court: Because it is so secret, the court remains a mystery to the public, and apparently, to different departments within the government as well.
	www.npr.org /templates/story/story.php?storyId=5049679 (1521 words)

	Talking Points Memo: by Joshua Micah Marshall December 17, 2005 05:30 PM
		Here are some more details on the record of the FISA Court (the Court established in 1978 by the Foreign Intelligence Surveillance Act).
		In one case, the Court issued supplemental orders with respect to its denial, and the Government filed with the Court a motion for reconsideration of its rulings.
		In 2004, the Court approved a revised application regarding this target that incorporated modifications consistent with the Court's prior order with respect to the motion for reconsideration.
	www.talkingpointsmemo.com /archives/007280.php (376 words)

	FindLaw's Writ - Ramasastry: Why The Foreign Intelligence Surveillance Act Court Was Right To Rebuke The Justice ...
		This court, known as the Foreign Intelligence Surveillance Act (FISA) Court, refused to approve of certain procedures proposed by Attorney General Ashcroft.
		The court is currently comprised of 11 judges appointed by the Chief Justice of the U.S. Supreme Court.
		The evidence cited by the Court is troublesome.
	writ.news.findlaw.com /ramasastry/20020904.html (2312 words)

	EFF: The NSA's Warrantless Domestic Surveillance
		While conceding that FISA is implicated by the program, the administration put forth two main arguments: (1) the 2001 joint resolution authorizing the use of military force (AUMF) in response to the attacks of September 11; and (2) inherent presidential powers under Article II of the U.S. Constitution.
		The Administration argues that FISA only bars electronic surveillance under color of law except as authorized by statute, and the AUMF is such a statute, relying upon Hamdi v.
		Since Congress has authority to regulate the collection of foreign intelligence, and has enacted FISA to do so, the executive power is at its lowest ebb, and cannot justify the NSA domestic warrantless surveillance program.
	www.eff.org /Privacy/Surveillance/NSA (793 words)

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