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Search Results for: FISA

Proposed FISA Legislation Supports Status Quo According to Recent Commentary

Follow-up to recents postings on FISA that include House Intelligence Hearing on Modernizing FISA and Draft Agreement With White House on Domestic Surveillance Oversight, see this new article on the subject by Edward Lazarus: Why The “Compromise” Foreign Surveillance Wiretap Legislation Pending in Congress Is No Compromise: The Bill, and Senator Specter’s Strange Reversal on… Continue Reading

House Intelligence Hearing on Modernizing FISA

House Intelligence to Hold Open Hearing on Modernizing FISA, July 19, 2006. Statement of Jim Dempsey, Policy Director, Center for Democracy and Technology, July 19, 2006 (13 pages, PDF) ABA President’s Testimony to House Intelligence Committee Hearing on Domestic Surveillance, July 19, 2006 Center for Advanced Studies in Science and Technology Policy Executive Director Kim… Continue Reading

Essay Proposes FISA Is Not Adequate to Combat Technology Associated With Terrorism

Follow-up to yesterday’s posting, Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA Act Introduced Today, see Whispering Wires and Warrantless Wiretaps, by Kim Taipale, N.Y.U. REV. L. & SECURITY, No. VII Supl., “Bulletin: The NSA and the War on Terror,” (Spring 2006). “This essay examines certain implications of employing [automated data analysis… Continue Reading

FISA Court Wants Answers From White House on Domestic Surveillance

The Washington Post today reported that the FISA Court judges will be briefed by intelligence officials next week on details regarding post 9/11 authorization of domestic wiretapping. In addition, the article states that only the court’s presiding judge was informed about the program prior to the information becoming public in December 2005. Related references: How… Continue Reading

FISA Court Made Modifications to Bush Surveillance Requests

Secret court modified wiretap requests – Intervention may have led Bush to bypass panel, by Stewart M. Powell, Seattle Post-Intelligencer Washington Bureau. Related commentary, references and postings: Reuters: Secret surveillance up since 9/11 – “The Justice Department’s reports to the U.S. Congress on the surveillance court’s activities show that the Bush administration made 5,645 applications… Continue Reading

FISA and the Patriot Act

Foreign Intelligence Surveillance Act Before and After the USA PATRIOT Act, from the FBI Law Enforcement Bulletin, June 2003 (via Secrecy News). “…care must be taken to ensure that the new tools provided by Congress in the USA PATRIOT Act are employed within the constraints of the Constitution. The Supreme Court has said “the police… Continue Reading

New Bill on DOJ Oversight for FISA

Rep. Joseph M. Hoeffel (PA) introduced a bill to amend the Foreign Intelligence Surveillance Act of 1978 to improve the administration and oversight of foreign intelligence surveillance, the Surveillance and Oversight and Disclosure Act of 2003 (SODA). Press release Text of H.R. 2429 (pfd) Law Would Spy on Ashcroft, from Security Focus. Continue Reading

The FBI, FISA and Surveillance

EPIC has obtained a copy of an Internal FBI Guidance on the Foreign Intelligence Surveillance Act (pdf), dated 1/23/03, that provides detailed information in response to the question, “What do I have to do to get a FISA?” i.e., the steps necessary to obtain authorization for electronic surveillance for foreign intelligence purposes. See also my… Continue Reading