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Amendments to the Foreign Intelligence Surveillance Act Set to Expire in 2009 [March 16, 2009]
From the Document: "Several recent amendments to the Foreign Intelligence Surveillance Act (FISA) will sunset on December 31, 2009. H.R. 1467, introduced in the 111th Congress, would extend these three provisions until December 31, 2019. Section 6001(a) of the Intelligence Reform and Terrorism Protection Act (IRTPA), also known as the 'lone wolf' provision, changed the rules regarding the types of individuals that could be targets of FISA-authorized searches. It permits surveillance of non-U.S. persons engaged in international terrorism, without requiring evidence linking those persons to an identifiable foreign power or terrorist organization. Section 206 of the USA PATRIOT ACT amended FISA to permit multipoint, or 'roving,' wiretaps by adding flexibility to the degree of specificity with which the location or facility subject to electronic surveillance under FISA must be identified. Section 215 of the USA PATRIOT ACT enlarged the scope of documents that could be sought under FISA, and lowered the standard required before issuance of a court order compelling the production of documents. While these provisions will cease to be prospectively effective on December 31, 2009, a grandfather clause permits them to remain effective with respect to investigations that began, or potential offenses that took place, before the sunset date."
Library of Congress. Congressional Research Service
Liu, Edward C.
2009-03-16
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S. Rept. 111-6: Report of the Select Committee on Intelligence, United States Senate, Covering the Period January 4, 2007 to January 2, 2009, March 9, 2009
The Select Committee on Intelligence submitted to the Senate this report on its activities from January 4, 2007 to January 2, 2009. This report includes the briefing of the CIA detainees who were transferred to Guantanamo in September 2006 and information about the CIA's detention program, which had previously been restricted to the Chairman and Vice Chairman. "In January 2007, during the first month covered by this report, President Bush nominated J. Michael McConnell to be the second Director of National Intelligence (DNI), replacing the first DNI, John D. Negroponte, who was nominated to be the Deputy Secretary of State. Also in January 2007, Attorney General Gonzales informed the Judiciary and Intelligence Committees that, as a result of a recent Foreign Intelligence Surveillance Court ruling, electronic surveillance that had been conducted under the President's Terrorist Surveillance Program (TSP) would now be conducted under court authorization. Then, in March 2007, Chairman Rockefeller and Vice Chairman Bond commenced efforts with the Attorney General and DNI McConnell, whom the Senate had confirmed in February, to consider amendments to the Foreign Intelligence Surveillance Act (FISA). The Committee's expanded knowledge of the CIA's detention program, and evolving circumstances concerning foreign intelligence surveillance matters, combined with priorities of the new DNI, and ever present and challenging intelligence issues relating to Iran, North Korea, Afghanistan and Pakistan, and Iraq, all served as the basis of important undertakings of the Committee during the 110th Congress."
United States. Government Printing Office. Federal Security Agency
2009-03-09
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Amendments to the Foreign Intelligence Surveillance Act Set to Expire in 2009 [January 6, 2009]
This report discusses the impending expiration of the Foreign Intelligence Surveillance Act and the expected consequences on the law following its expiration. "Several recent amendments to the Foreign Intelligence Surveillance Act (FISA) will sunset on December 31, 2009. Section 6001(a) of the Intelligence Reform and Terrorism Protection Act (IRTPA), also known as the 'lone wolf' provision, changed the rules regarding the types of individuals that could be targets of FISA-authorized searches. It permits surveillance of non-U.S. persons engaged in international terrorism, without requiring evidence linking those persons to an identifiable foreign power or terrorist organization. Section 206 of the USA PATRIOT ACT amended FISA to permit multipoint, or 'roving,' wiretaps by adding flexibility to the degree of specificity with which the location or facility subject to electronic surveillance under FISA must be identified. Section 215 of the USA PATRIOT ACT enlarged the scope of documents that could be sought under FISA, and lowered the standard required before a court order could be issued compelling the production of documents. While these provisions will cease to be prospectively effective on December 31, 2009, a grandfather clause permits them to remain effective with respect to investigations that began, or potential offenses that took place, before the sunset date."
Library of Congress. Congressional Research Service
Liu, Edward C.
2009-01-06
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Strengthening FISA: Does the Protect America Act Protect Americans' Civil Liberties and Enhance Security? Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, First Session, September 25, 2007
From the opening statement of Patrick J. Leahy: "The Protect America Act provides no meaningful check by the FISA [Foreign Intelligence Surveillance Act] Court, or by the Congress, for that matter. It does not even require the Government to have its own internal procedures for protecting the privacy of these Americans. As I said, it may be a spouse calling from here to a husband or a wife who is overseas protecting America. They may be talking about the children's grades. They may be talking about a difficulty a child may be having with the separation. Now, the alternative bill would have required at least internal procedures and an Inspector General audit, and I would like to know why Director McConnell rejected that idea. In addition, the Protect America Act contains language that appears to go far beyond what the administration said it needed. It redefines ''electronic surveillance'' in a way that has expansive implications, but was not necessary to accomplish the administration's stated objectives. It has language in many places that, at the very least, is inscrutable and could be read to allow much broader surveillance than the administration has acknowledged or, for that matter, I hope intends. And if this was unintentional, well, then, we can fix it. That is one of the things the sunset requires us to do, is look at it. If it was not, then we need to evaluate what was really intended and why. I know the skilled and dedicated employees of our intelligence agencies want to protect our country, as every one of us does. But if our history has taught us anything, it is that the Government cannot and should not be left to police itself when it comes to the secret surveillance of Americans. The Founders knew it. The Congress that passed the Foreign Intelligence Surveillance Act knew it. So I hope this hearing will help us institute the proper protections to safeguard our security and our valued freedoms." Statements, letters, and materials submitted for the record include those of the following: Russell D. Feingold; Chuck Grassley; Patrick J. Leahy; Arlen Specter; James A. Baker; Bryan Cunningham; James. X. Dempsey; J. Michael McConnell; Suzanne E. Spaulding; and Michael A. Sussmann.
United States. Government Printing Office
2009
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Hearing on National Defense Authorization Act for Fiscal Year 2008 and Oversight of Previously Authorized Programs Before the Committee on Armed Services House of Representatives, One Hundred Tenth Congress, First Session, Air and Land Forces Subcommittee Hearing on Budget Request on Unmanned Aerial Vehicles (UAV) and Intelligence, Surveillance, and Reconnaissance (ISR) Capabilities, Hearing Held April 19, 2007
From the opening statement of Neil Abercrombie: "The Air and Land Forces Subcommittee meets today to receive testimony from the Government Accountability Office (GAO) and the Department of Defense (DOD) witnesses regarding intelligence, surveillance and reconnaissance programs and policies, ISR, intelligence, surveillance and reconnaissance programs. They include the spectrum of manned and unmanned vehicles, from very small unmanned vehicles that weigh less than a pound, to a variety of Unmanned Aerial Vehicles (UAVs) and manned aircraft programs, to multi-billion-dollar, highly classified, satellites. Some ISR programs, like the satellite programs and the U--2 aircraft, fall within the jurisdiction of other subcommittees. ISR program systems incorporate various sensor payloads, including electro-optical, radar, electronic and infrared, as well as ground stations, data links and users that include the immediate needs of the warfighter to intelligence analysts." Statements, letters, and materials submitted for the record include those of the following: Neil Abercrombie, Jim Saxton, Rndolph D. Alles, Bruce W. Clingan, Davi M. D'Agostino, Sharon L. Pickup, Michael J. Sullivan, Walt Davis, David A. Deptula, John R. Landon, and Jeffery A. Sorenson.
United States. Government Printing Office
2009
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Health Information Technology: More Detailed Plans Needed for the Centers for Disease Control and Prevention's Redesigned BioSense Program, Report to Congressional Requesters
"In 2003, the Centers for Disease Control and Prevention (CDC), an agency within the Department of Health and Human Services (HHS), developed an electronic syndromic surveillance system called BioSense that uses health-related data to identify patterns of disease symptoms prior to specific diagnoses. In late 2007, CDC began to redesign the program to improve collaboration with stakeholders and address identified management weaknesses. Pursuant to House Report 110-231, GAO evaluated the BioSense program, focusing on the cost and timeline estimates and performance measures and benchmarks for implementing the program, among other objectives. To accomplish this, GAO analyzed relevant program documentation and interviewed CDC officials responsible for developing and implementing BioSense. GAO is recommending that CDC develop reliable cost and timeline estimates and outcome-based performance measures for implementing the redesigned BioSense program. In written comments on a draft of this report, HHS stated it welcomed the conclusions and recommendations and provided updated information about current efforts intended to address the recommendations."
United States. Government Accountability Office
2008-11
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Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping [September 2, 2008]
"This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given their prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); in civil liability for damages, attorneys' fees and possibly punitive damages; in disciplinary action against any attorneys involved; and in suppression of any derivative evidence. Congress has created separate but comparable protective schemes for electronic communications (e.g., e-mail) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices."
Library of Congress. Congressional Research Service
Stevens, Gina Marie; Doyle, Charles
2008-09-02
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Assessments of Reasonable Articulable Suspicion Pursuant to Orders of the Foreign Intelligence Surveillance Court - Information Memorandum
This memorandum discusses the legal standards applicable to contact-chaining activities in which employees track and gather telephony business records. It also "provides guidance on NSA policy as to the applicable legal standards for querying bulk telephony metadata acquired pursuant to Section 501 of FISA [Foreign Intelligence Surveillance Act], and bulk electronic communications metadata acquired pursuant to Section 402 of FISA."
United States. National Security Agency
2008-08-29
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Foreign Intelligence Surveillance Act: An Overview of Selected Issues [Updated July 7, 2008]
This CRS report discusses the Foreign Intelligence Surveillance Act. "The current legislative and oversight activity with respect to electronic surveillance under FISA has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need identified by the Director of National Intelligence (DNI), Admiral Mike McConnell, for the Intelligence Community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast paced, and technologically sophisticated international environment, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate - the Fourth and First Amendments."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2008-07-07
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Foreign Intelligence Surveillance Act: A Sketch of Selected Issues [Updated July 7, 2008]
"The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate - the Fourth and First Amendments. This report briefly examines these issues and sets them in context. The 110th Congress has been very active in developing."
Library of Congress. Congressional Research Service
2008-07-07
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Foreign Intelligence Surveillance Act: Comparison of the Senate Amendment to H.R. 3773 and the House Amendment to the Senate Amendment to H.R. 3773 [June 12, 2008]
This CRS report discusses the Foreign Intelligence Surveillance Act (FISA.) "During the 110th Congress, several House and Senate committees have engaged in oversight activities, including hearings and requests for expeditious production of documents and information regarding the Administration's warrantless foreign intelligence surveillance programs, as possible changes to the Foreign Intelligence Surveillance Act of 1978, as amended, (FISA) were explored. [...] Both the House amendment and the Senate amendment include significant changes to FISA, including provisions on the acquisition of communications of non-U.S. persons and of U.S. persons abroad. The two bills take different approaches to some issues that have played a significant role in the ongoing debate. For example, the Senate amendment would provide retroactive immunity for electronic communications service providers who assisted the government in intelligence activities between September 11, 2001 and January 17, 2007. The House amendment would provide for presentation to a court, with certain safeguards, of evidence and arguments with respect to which state secrets privilege has been asserted in covered civil actions against such electronic communications service providers and other persons who furnished such aid to the government. The House bill also provides for an audit of the Terrorist Surveillance Program and any other wireless electronic surveillance programs, with reporting requirements, while the Senate bill does not. This report provides an overview, a review of legislative activity, and a detailed side-by-side comparison of the provisions of these two bills."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2008-06-12
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Testimony of David Aguilar, Thomas Winkowski, and Michael Kostelnik Before the House Committee on Homeland Security on Border Enforcement
This testimony of members from the US Customs and Border Patrol discusses recent efforts to improve security along the areas between official ports of entry. With the building of more fences and electronic surveillance, there has been an increase in violence against border patrol agents; this testimony describes the measures being taken to reduce crime and expand capabilities along the US borders.
U.S. Customs and Border Protection
2008-05-22
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Suicide Prevention Among Veterans [May 5, 2008]
"Numerous news stories in the popular print and electronic media have documented suicides among servicemembers and veterans returning from Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). In the United States, there are more than 30,000 suicides annually. Suicides among veterans are included in this number, but it is not known in what proportion. There is no nationwide system for surveillance of suicide specifically among veterans. Recent data show that about 20% of suicide deaths nationwide could be among veterans. It is not known what proportion of these deaths are among OIF/OEF veterans. Veterans have a number of risk factors that increase their chance of attempting suicide. These risk factors include combat exposure, post-traumatic stress disorder (PTSD) and other mental health problems, traumatic brain injury (TBI), poor social support structures, and access to lethal means. Several bills addressing suicide in veterans have been introduced in the 110th Congress. On November 5, 2007, the Joshua Omvig Veterans Suicide Prevention Act (P.L. 110-110) was signed into law, requiring the Department of Veterans Affairs (VA) to establish a comprehensive program for suicide prevention among veterans. More recently, the Veterans Suicide Study Act (S. 2899) was introduced. This bill would require the VA to conduct a study, and report to Congress, regarding suicides among veterans since 1997. The VA has carried out a number of suicide prevention initiatives, including establishing a national suicide prevention hotline for veterans, conducting awareness events at VA medical centers, and screening and assessing veterans for suicide risk."
Library of Congress. Congressional Research Service
Lister, Sarah A.; Panangala, Sidath Viranga; Sundararaman, Ramya
2008-05-05
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2007 Foreign Intelligence Surveillance Act (FISA) Report
"Pursuant to Sections 1807 and 1862 of the Foreign Intelligence Surveillance Act of 1978 (the 'Act'), as amended, this report provides information regarding applications made by the Government during calendar year 2007 for authority to conduct electronic surveillance and physical search for foreign intelligence purposes under the Act and applications made by the Goverrunent during calendar year 2007 for access to certain business records (including the production of tangible things) for foreign intelligence purposes under the Act."
United States. Department of Justice. Office of Legislative Affairs
2008-04-30
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MMWR: Morbidity and Mortality Weekly Report, April 11, 2008
The Morbidity and Mortality Weekly Report (MMWR) Series is prepared by the Centers for Disease Control and Prevention (CDC). [It] is the agency's primary vehicle for scientific publication of timely, reliable, authoritative, accurate, objective, and useful public health information and recommendations. This issue of MMWR contains the following: "Prevalence of Self-Reported Postpartum Depressive Symptoms - 17 States, 2004-2005"; "Preliminary FoodNet Data on the Incidence of Infection with Pathogens Transmitted Commonly Through Food - 10 States, 2007"; "Malnutrition and Micronutrient Deficiencies Among Bhutanese Refugee Children - Nepal, 2007"; "Automated Detection and Reporting of Notifiable Diseases Using Electronic Medical Records Versus Passive Surveillance - Massachusetts, June 2006-July 2007"; "Notice to Readers: Introduction to Public Health Surveillance Course"; and "QuickStats: Infant, Neonatal, and Postneonatal Annual Mortality Rates - United States, 1940-2005". Notifiable Diseases and Mortality Tables from this issue can be accessed at the following link [http://www.cdc.gov/mmwr/index2008.html]"
Centers for Disease Control and Prevention (U.S.)
2008-04-11
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Wiretap Report 2007
"The Omnibus Crime Control and Safe Streets Act of 1968 requires the Administrative Office of the United States Courts (AO) to report to Congress the number and nature of federal and state applications for orders authorizing or approving the interception of wire, oral, or electronic communications. The statute requires that specific information be provided to the AO, including the offense(s) under investigation, the location of the intercept, the cost of the surveillance, and the number of arrests, trials, and convictions that directly result from the surveillance. This report covers intercepts concluded between January 1, 2007, and December 31, 2007, and provides supplementary information on arrests and convictions resulting from intercepts concluded in prior years. A total of 2,208 intercepts authorized by federal and state courts were completed in 2007, an increase of 20 percent compared to the number terminated in 2006. The number of applications for orders by federal authorities fell less than 1 percent to 457. The number of applications reported by state prosecuting officials grew 27 percent to 1,751, with 24 states providing reports, 1 more than in 2006. Installed wiretaps were in operation an average of 44 days per wiretap in 2007, compared to 40 days in 2006. The average number of persons whose communications were intercepted decreased from 122 per wiretap order in 2006 to 94 per wiretap order in 2007. The average percentage of intercepted communications that were incriminating was 30 percent in 2007, compared to 20 percent in 2006."
United States. Administrative Office of the United States Courts
2008-04
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Implementation of the Communications Assistance for Law Enforcement Act by the Federal Bureau of Investigation
"Criminal organizations and individuals frequently use the telecommunication systems of the United States to further serious crimes, including terrorism, kidnapping, extortion, organized crime, drug trafficking, and public corruption. One of the most effective tools law enforcement agencies use to acquire evidence of these crimes is electronic surveillance techniques. However, continuing advances in telecommunication technology have impaired and in some instances prevented law enforcement from conducting some types of authorized electronic surveillance. With advances in telecommunication technologies and law enforcement's growing concern about the ability to conduct authorized electronic surveillance, Congress passed the Communications Assistance for Law Enforcement Act (CALEA) in 1994. The purpose of CALEA was to enable law enforcement to conduct electronic surveillance despite the deployment of new technologies and wireless services that have altered the character of electronic surveillance. To facilitate CALEA implementation, Congress appropriated nearly $500 million to the Telecommunications Carrier Compliance Fund (TCCF). The Attorney General was designated to reimburse telecommunication carriers for the cost of modifying equipment, facilities, or services installed or deployed on or before January 1, 1995, to assist law enforcement authorities in carrying out its surveillance activities. In February 1995, the Attorney General delegated CALEA management to the Federal Bureau of Investigation (FBI)."
United States. Department of Justice. Office of the Inspector General
2008-03
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Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues [Updated February 8, 2008]
"The current legislative and oversight activity with respect to electronic surveillance under FISA has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need identified by the Director of National Intelligence (DNI), Admiral Mike McConnell, for the Intelligence Community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast paced, and technologically sophisticated international environment, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate - the Fourth and First Amendments."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2008-02-08
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Inline Inspection from an Operator's Point of View
"Intelligent pigging is a valuable inspection method also for pipelines that were directly provided with cathodic protection when they were commissioned. The method complements quality assurance during construction, stress testing, caliper pig inspection, intensive surveys and operational monitoring. The inspection results serve as an important basis for the company's PIMS. The necessary pipeline measures can be planned and implemented in an economic manner thanks to the very good quality of the MFL results. Also, it is possible to prepare an electronic pipeline log based on the data obtained from the pig runs. Excavation cost can be
brought down if the geographic positions of pipeline components and detected features are known and the geographic data can serve as a basis for the GIS system and pipeline surveillance by air. Long-term cooperation with a selected pipeline integrity company makes it possible to exploit synergies and organize an ambitious pigging program in an economic and efficient manner.
Naval Postgraduate School (U.S.). Center for Contemporary Conflict
Hewener, Thomas
2008-02
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Digital Surveillance: The Communications Assistance for Law Enforcement Act [Updated January 29, 2008]
"The Communications Assistance for Law Enforcement Act […], enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions. Since 2004, the Federal Communications Commission (FCC) has been considering a number of questions as to how to apply CALEA to new technologies, such as Voice over Internet Protocol (VoIP). […]. In May 2006, the FCC addressed several outstanding issues regarding CALEA implementation. Among other clarifications, the FCC (1) affirmed its May 14, 2007 compliance deadline for facilities-based broadband Internet access and interconnected VoIP services, and clarified that the date applied to all such providers; (2) explained that the FCC does not plan to intervene in the standards-setting process in this matter; (3) permitted telecommunications carriers the option of using Trusted Third Parties to assist in meeting their CALEA obligations; (4) restricted the availability of compliance extensions to equipment, facilities, and services deployed prior to October 25, 1998; (5) found that the FCC may enforce action under section 229(a) of the Communications Act against carriers that fail to comply with CALEA; and (6) concluded that carriers are responsible for CALEA development and implementation costs for post-January 1, 1995, equipment and facilities […]."
Library of Congress. Congressional Research Service
Figliola, Patricia Moloney
2008-01-29
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S. Rept. 110-258: Foreign Intelligence Surveillance Act of 1978, mendments Act of 2007, Report together with Additional and Minority Views to Accompany S. 2248, January 22, 2008
"The Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007, S. 2248, would create additional procedures for targeting communications of persons outside the United States that would significantly enhance the Government's surveillance authority. It moderates the new authorities that Congress granted on a short-term basis in the Protect America Act (PAA), but the bill as reported by the Senate Select Committee on Intelligence would go further than the PAA by providing retroactive immunity for civil lawsuits against electronic communication service providers that were alleged to have cooperated with the Government in surveilling Americans' communications between 2001 and 2007, contrary to law."
United States. Government Printing Office
2008-01-22
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MMWR: Morbidity and Mortality Weekly Report, January 18, 2008
The Morbidity and Mortality Weekly Report (MMWR) Series is prepared by the Centers for Disease Control and Prevention (CDC). [It] is the agency's primary vehicle for scientific publication of timely, reliable, authoritative, accurate, objective, and useful public health information and recommendations. This issue of MMWR contains the following: "School-Associated Student Homicides - United States, 1992-2006"; "Update: Potential Exposures to Attenuated Vaccine Strain Brucella abortus RB51 During a Laboratory Proficiency Test - United States and Canada, 2007"; "Laboratory-Acquired Brucellosis - Indiana and Minnesota, 2006"; and "Effect of Electronic Laboratory Reporting on the Burden of Lyme Disease Surveillance - New Jersey, 2001-2006". Notifiable Diseases and Mortality Tables from this issue can be accessed at the following link [http://www.cdc.gov/mmwr/index2008.html]"
Centers for Disease Control and Prevention (U.S.)
2008-01-18
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Modernization of the Foreign Intelligence Surveillance Act, Hearing Before the Select Committee on Intelligence of the United States Senate, One Hundred Tenth Congress, First Session, May 1, 2007
From the opening statement of John D. Rockefeller, IV: "The Select Committee on Intelligence meets today in open session, something we don't often do, to consider whether the scope and application regarding the Surveillance Act needs to change to reflect the evolving needs for the timely collection of foreign intelligence. An extraordinarily complicated subject, this is. At the Committee's request, the Administration has undertaken a comprehensive review of the Foreign Intelligence Surveillance Act, commonly referred to as FISA. Out of this review, the Administration proposed what it believes would modernize the laws governing the way in which we gather foreign intelligence with the use of electronic surveillance. Our consideration of the Administration's proposal and alternatives will be rooted in the Intelligence Committee's 30-year experience with our Nation's long and delicate effort to strike that elusive right balance between effective intelligence collection for our national security and the constitutional rights and privacy interests of Americans." Statements, letters, and materials submitted for the record include those of the following: John D. Rockefeller, Christopher S. Bond, Russell D. Feingold, J. Michael McConnell, Kenneth L. Wainstein, Kevin S. Bankston, James X. Dempsey, Bruce Fein, Caroline Frederickson, David S. Kris, Kate Martin, Suzanne E. Spaulding, and K.A. Taipale.
United States. Government Printing Office
2008
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Foreign Intelligence Surveillance Act: Comparison of House-Passed H.R. 3773, S. 2248 as Reported By the Senate Select Committee on Intelligence, and S. 2248 as Reported Out of the Senate Judiciary Committee [December 14, 2007]
"On November 15, 2007, the House of Representatives passed H.R. 3773, the RESTORE Act of 2007. On October 26, 2007, Senator Rockefeller reported S. 2248, the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 or the FISA Amendment Act of 2007, an original bill, from the Senate Select Committee on Intelligence. S. 2248 was referred to the Senate Judiciary Committee on November 1, 2007. On November 16, 2007, S. 2248 was reported out of the Senate Judiciary Committee by Senator Leahy with an amendment in the nature of a substitute. Each bill includes amendments to the Foreign Intelligence Surveillance Act. This report provides a side by side comparison of the provisions of these three measures. A glossary of FISA terms from section 101 of FISA, 50 U.S.C. § 1801 is attached. Senator Reid introduced two additional FISA bills on December 10, 2007, S. 2440 and S. 2441, which were read twice the following day and placed on the Senate Legislative Calendar as Numbers 529 and 530, respectively. S. 2402 was introduced by Senator Specter on December 3, 2007, and referred to the Senate Judiciary Committee. In Committee markup on December 13, 2007, an amendment in the nature of a substitute to S. 2402 was adopted by unanimous consent. Then, by a vote of 5-13, the Committee rejected S. 2402, as amended. The proposal would have permitted substitution of the government for electronic communication service providers in law suits where certain criteria were met. These bills will not be included in this side by side comparison."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2007-12-14
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Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues [December 14, 2007]
"The current legislative and oversight activity with respect to electronic surveillance under FISA has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need identified by the Director of National Intelligence (DNI), Admiral Mike McConnell, for the Intelligence Community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast paced, and technologically sophisticated international environment, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate -- the Fourth and First Amendments."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2007-12-14
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Congressional Budget Office Cost Estimate: S. 2248: FISA Amendments Act of 2007
"The Foreign Intelligence Surveillance Act Amendments Act of 2007 would make several modifications to the Foreign Intelligence Surveillance Act (FISA) and repeal several sections added to FISA by the Protect America Act of 2007 (Public Law 110-55). The bill would grant authority to the Attorney General and the Director of National Intelligence (DNI) to authorize surveillance of individuals or groups outside the United States. Such authorizations would permit the incidental acquisition of communications of individuals located within the United States so long as procedures are in place to minimize such acquisitions and to ensure that surveillance is targeted at individuals outside the United States. Under the bill, the Foreign Intelligence Surveillance Court (FISC) would be authorized to review those procedures and to order the government to modify them if the court finds they are inadequate or violate the Constitutional protections against unreasonable search and seizure. Section 101 of the bill would restrict the ability of the government to target U.S. persons located outside of the United States pursuant to authorizations by the Attorney General and DNI. Under the bill, if the government targets a U.S. person overseas but intends to acquire that individual's communications in the United States, the government must follow the traditional FISA warrant process for electronic surveillance."
United States. Congressional Budget Office
2007-12-07
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Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues [December 7, 2007]
"The current legislative and oversight activity with respect to electronic surveillance under FISA has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need identified by the Director of National Intelligence (DNI), Admiral Mike McConnell, for the Intelligence Community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast paced, and technologically sophisticated international environment, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate -- the Fourth and First Amendments."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2007-12-07
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Fact Sheet: Chairman Leahy's FISA Modernization Substitute: A Step Back for Our Nation's Security [November 14, 2007]
"In October, the Senate Select Committee on Intelligence (SSCI) completed a bill with strong bipartisan support to modernize the Foreign Intelligence Surveillance Act of 1978 (FISA). The SSCI bill would reauthorize core foreign intelligence collection authorities under the Protect America Act (PAA) and provide meaningful liability coverage to companies accused in lawsuits of assisting our Nation in the aftermath of the attacks of September 11, 2001. Prior to the passage of the PAA, outdated provisions of FISA substantially impeded the Intelligence Community's ability to collect valuable foreign intelligence information necessary to protect the Nation. Critical provisions of the PAA expire in less than three months. Accordingly, now is the time for Congress to enact lasting FISA modernization legislation. The SSCI bill is a significant step in the right direction because it reflects careful consideration of the needs of our Intelligence Community given the terrorist risks facing our Nation. Although it is not perfect, the SSCI bill-like the PAA-would keep critical intelligence gaps closed by allowing our Intelligence Community to target foreign terrorists and other intelligence targets believed to be located outside the United States without obtaining prior court approval. In addition, the SSCI bill would provide immunity, in carefully limited circumstances, to electronic communication service providers that face massive lawsuits for allegedly assisting the Intelligence Community after the 9/11 attacks."
United States. Office of the White House Press Secretary
2007-11-14
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S. Rept. 110-209: Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007, Report together with Additional and Minority Views to Accompany S. 2248, October 26, 2007
"The Select Committee on Intelligence, having considered an original bill (S. 2248) to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act and for other purposes, reports favorably thereon and recommends that the bill do pass. The Committee, since its inception in 1976, has exercised sustained oversight of the Executive branch's use of electronic surveillance for foreign intelligence purposes. A central focus of that oversight has been the implementation of the Foreign Intelligence Surveillance Act of 1978 ('FISA') by the Executive branch and by the special court established by Congress to provide judicial oversight of FISA, the Foreign Intelligence Surveillance Court ('FISA Court'). Since the President's acknowledgement of the existence of a presidential program on December 17, 2005, which has been publicly described as the Terrorist Surveillance Program, the Committee has sought to inquire vigorously into the President's authorization for the National Security Agency ('NSA') to conduct electronic surveillance within the United States without FISA court orders. In the past year, the ability of the full Committee to perform the Committee's oversight responsibilities has been significantly augmented by improved access to information about the program, as well as information about the shift of activities under that presidential authorization to activities in accordance with orders of the FISA Court."
United States. Government Printing Office
2007-10-26
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Congressional Budget Office Cost Estimate: H.R. 3773: RESTORE Act of 2007
"H.R. 3773 would modify a number of rules and procedures the government must follow when conducting electronic surveillance. In particular, the bill would amend several sections added to the Foreign Intelligence Surveillance Act (FISA) by the Protect America Act of 2007. Under H.R. 3773, the government would have to apply to the Foreign Intelligence Surveillance Court (FISC) for authorization to conduct electronic surveillance on non-U.S. persons (individuals who are neither U.S. citizens nor permanent residents) outside the United States in instances when such surveillance could result in the government also obtaining the communications of individuals in the United States. Several sections of the bill would, if implemented, increase discretionary costs. However, CBO does not have access to the information necessary to estimate the impact on the budget of implementing H.R. 3773. Any changes in federal spending under the bill would be subject to the appropriation of the necessary funds. Enacting H.R. 3773 would not affect direct spending or revenues. The Unfunded Mandates Reform Act (UMRA) excludes from the application of that act any legislative provisions that are necessary for national security. CBO has determined that section 4 of H.R. 3773, which would authorize certain electronic surveillance without a court order in an emergency situation, falls under that exclusion and has not reviewed it for intergovernmental or private-sector mandates. Other provisions of H.R. 3773 contain intergovernmental mandates as defined in UMRA, but CBO estimates that any costs to state and local governments would fall well below the annual threshold established in that act […]."
United States. Congressional Budget Office
2007-10-12
