'So Judge, How Do I Get That FISA Warrant?': The Policy and Procedure for Conducting Electronic Surveillance   [open pdf - 131KB]

"It's another slow Friday afternoon in the staff judge advocate's (SJA) office. Those individuals not out doing extended PT are enjoying another challenging game of solitaire. Things don't get much better for the new deputy SJA. Then the phone rings. The director of information management is talking in a muted voice. 'Judge, I think I've got a problem with one of my system administrators. He has access to plenty of classified information on Army aircraft and ongoing operations. He hasn't been acting right since his car got repossessed last week. Plenty of hush-hush personal calls. And now I found out he's secretly copying files and taking documents home that are outside his area of responsibility. I know that he is very sympathetic to some of the foreign governments who are trying to upgrade their aviation assets. I think he may try to sell this information to a foreign power. Boy, that would cause some damage! During the SOLO course, I heard something about the requirements of FISA. So Judge, how do I get that FISA warrant?' This hypothetical scenario is not all that unlikely. Army judge advocates confront intelligence law issues on a daily basis. The Army is a major collector, producer, and consumer of intelligence and is one of thirteen agencies that comprise the Intelligence Community (IC). The extensive statutory and regulatory framework governing intelligence activities demands constant and proactive legal involvement. One of the most complex aspects of the framework is the Foreign Intelligence Surveillance Act (FISA). This article reviews the FISA and its implementing mechanism, which is contained in procedure 5 of 'Department of Defense (DOD) Directive 5240.1-R'. At the operational level, judge advocates need to have a clear understanding of when FISA authorization is necessary and what information is required by statute to obtain authorization. This article describes the step-by-step process for getting FISA authorization when required."

Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/
Media Type:
The Army Lawyer (October 1997)
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