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• Administration's Use of FISA Authorities, Hearing Before the Committee on the Judiciary, House of Representatives, One Hundred Thirteenth Congress, First Session, July 17, 2013

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  This is the July 17, 2013 hearing, "The Administration's Use of FISA [Foreign Intelligence Surveillance Act] Authorities" before the House Committee on the Judiciary. From the opening statement of Robert Goodlatte: "Today's hearing will examine the statutory authorities that govern certain programs operated under the Foreign Intelligence Surveillance Act, or FISA. Since the unauthorized public release of these programs, many Members of Congress and their constituents have expressed concern about how these programs are operated and whether they pose a threat to Americans' civil liberties and privacy. We have assembled two panels of witnesses today to help us explore these important issues." Statements, letters, and materials submitted for the record include those of the following: James Cole, Robert S. Litt, John C. Inglis, Stephanie Douglas, Stewart A. Baker, Jameel Jaffer, Steven G. Bradbury, Kate Martin, and F. James Sensenbrenner, Jr..

  United States. Government Printing Office

  2013
• Privacy: An Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping [October 9, 2012]

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  "This report provides an overview of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). ECPA consists of three parts. The first, often referred to as Title III, outlaws wiretapping and electronic eavesdropping, except as otherwise provided. The second, the Stored Communications Act, governs the privacy of, and government access to, the content of electronic communications and to related records. The third outlaws the use and installation of pen registers and of trap and trace devices, unless judicially approved for law enforcement or intelligence gathering purposes. FISA consists of seven parts. The first, reminiscent of Title III, authorizes electronic surveillance in foreign intelligence investigations. The second authorizes physical searches in foreign intelligence cases. The third permits the use and installation of pen registers and trap and trace devices in the context of a foreign intelligence investigation. The fourth affords intelligence officials access to business records and other tangible items. The fifth directs the Attorney General to report to Congress on the specifics of the exercise of FISA authority. The sixth, scheduled to expire on December 30, 2012, permits the acquisition of the communications of targeted overseas individuals and entities. The seventh creates a safe harbor from civil liability for those who assist or have assisted in the collection of information relating to the activities of foreign powers and their agents."

  Library of Congress. Congressional Research Service

  Doyle, Charles; Stevens, Gina Marie

  2012-10-09
• Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping [October 9, 2012]

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  "This report provides an overview of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). ECPA consists of three parts. The first, often referred to as Title III, outlaws wiretapping and electronic eavesdropping, except as otherwise provided. The second, the Stored Communications Act, governs the privacy of, and government access to, the content of electronic communications and to related records. The third outlaws the use and installation of pen registers and of trap and trace devices, unless judicially approved for law enforcement or intelligence gathering purposes. FISA consists of seven parts. The first, reminiscent of Title III, authorizes electronic surveillance in foreign intelligence investigations. The second authorizes physical searches in foreign intelligence cases. The third permits the use and installation of pen registers and trap and trace devices in the context of a foreign intelligence investigation. The fourth affords intelligence officials access to business records and other tangible items. The fifth directs the Attorney General to report to Congress on the specifics of the exercise of FISA authority. The sixth, scheduled to expire on December 30, 2012, permits the acquisition of the communications of targeted overseas individuals and entities. The seventh creates a safe harbor from civil liability for those who assist or have assisted in the collection of information relating to the activities of foreign powers and their agents."

  Library of Congress. Congressional Research Service

  Stevens, Gina Marie; Doyle, Charles

  2012-10-09
• Privacy: An Overview of the Electronic Communications Privacy Act [October 9, 2012]

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  "This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA. 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 his 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); civil liability for damages, attorneys' fees and possibly punitive damages; disciplinary action against any attorneys involved; and suppression of any derivative evidence. Congress has created separate, but comparable, protective schemes for electronic communications (e.g., email) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices. Each of these protective schemes comes with a procedural mechanism to afford limited law enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment. The government has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, and install and use pen registers and trap and trace devices for law enforcement purposes under ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act."

  Library of Congress. Congressional Research Service

  Doyle, Charles

  2012-10-09
• Privacy: An Abridged Overview of the Electronic Communications Privacy Act [October 9, 2012]

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  "This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). 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 his 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); civil liability for damages, attorneys' fees and possibly punitive damages; disciplinary action against any attorneys involved; and suppression of any derivative evidence. Congress has created separate, but comparable, protective schemes for electronic communications (e.g., email) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices. Each of these protective schemes comes with a procedural mechanism to afford limited law enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment. The government has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, and install and use pen registers and trap and trace devices for law enforcement purposes under ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act."

  Library of Congress. Congressional Research Service

  Doyle, Charles

  2012-10-09
• S. Rept. 112-229: The FAA Sunsets Extension Act of 2012, Report together with Additional and Minority Views to Accompany S. 3276, September 20, 2012

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  "Title VII of the Foreign Intelligence Surveillance Act of 1978 ('FISA') is scheduled to sunset on December 31, 2012, unless it is reauthorized by Congress. Title VII of FISA was initially enacted through the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 ('FISA Amendments Act' or 'FAA'). The FAA Sunsets Extension Act of 2012, as amended, reauthorizes Title VII of FISA for three years, enabling continued use of these important surveillance tools, while improving and clarifying the oversight and accountability provisions in Title VII to help ensure adequate protection of the privacy rights and civil liberties of persons in the United States. The measure reported by the Committee reauthorizes the provisions of Title VII of FISA until June 1, 2015."

  United States. Government Printing Office

  2012-09-20
• Reauthorization of the FISA Amendments Act [September 12, 2012]

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  "Reauthorizations of expiring provisions of the Foreign Intelligence Surveillance Act (FISA) have been an annual occurrence in Congress since 2009. Prior to 2012, the legislative debate and reauthorizations largely dealt with three amendments to FISA that are commonly linked to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act). Most recently, in 2011, these three provisions were extended until June 1, 2015. For a more detailed discussion of these three provisions, see CRS [Congressional Research Service] Report R40138, 'Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015,' by Edward C. Liu."

  Library of Congress. Congressional Research Service

  Liu, Edward C.

  2012-09-12
• Congressional Budget Office Cost Estimate: H.R. 5949: FISA Amendments Act Reauthorization Act of 2012

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  "H.R. 5949 would extend the authority of the federal government to conduct surveillance pursuant to the FISA [Foreign Intelligence Surveillance Act] Amendments Act of 2008 (Public Law 110-261). Because CBO [Congressional Budget Office] does not provide cost estimates for classified programs, this estimate addresses only the budgetary effects on unclassified programs affected by the bill. On that basis, CBO estimates that implementing H.R. 5949 would have no significant cost to the federal government. Enacting the bill could affect direct spending and revenues; therefore, pay-as-you-go procedures apply. However, CBO estimates that any effects would be insignificant for each year. The FISA Amendments Act of 2008 clarified the authority of the federal government to surveil and intercept communications of certain persons located outside the United States. H.R. 5949 would extend the provisions of that act by five years (otherwise they expire after December 31, 2012). As a result, the government might be able to prosecute criminal cases that it otherwise would not be able to pursue. CBO expects that H.R. 5949 would apply to a relatively small number of additional offenders, however, so any increase in costs for law enforcement, court proceedings, or prison operations would not be significant. Any such costs would be subject to the availability of appropriated funds."

  United States. Congressional Budget Office

  2012-07-19
• Congressional Budget Office Cost Estimate: S. 3276: FISA Amendments Act Reauthorization Act of 2012

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  "S. [Senate bill] 3276 would extend the authority of the federal government to conduct surveillance pursuant to the FISA [Foreign Intelligence Surveillance Act] Amendments Act of 2008 (Public Law 110-261). Because CBO [Congressional Budget Office] does not provide cost estimates for classified programs, this estimate addresses only the budgetary effects on unclassified programs affected by the bill. On that basis, CBO estimates that implementing S. 3276 would have no significant cost to the federal government. Enacting the bill could affect direct spending and revenues; therefore, pay-as-you-go procedures apply. However, CBO estimates that any effects would be insignificant for each year. The FISA Amendments Act of 2008 clarified the authority of the federal government to surveil and intercept communications of certain persons located outside the United States. S. 3276 would extend the provisions of that act until June 1, 2017 (otherwise they expire after December 31, 2012). As a result, the government might be able to prosecute criminal cases that it otherwise would not be able to pursue. CBO expects that S. 3276 would apply to a relatively small number of additional offenders, however, so any increase in costs for law enforcement, court proceedings, or prison operations would not be significant. Any such costs would be subject to the availability of appropriated funds."

  United States. Congressional Budget Office

  2012-07-19
• Letter to the Senate Select Committee on Intelligence Leadership Regarding Section 702; Congressional White Paper: The Intelligence Community's Collection Programs Under Title [7] of the Foreign Intelligence Surveillance Act

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  This letter from Kathleen Turner, Director of Legislative Affairs for the Office of the Director of National Intelligence, and Ronald Weich, Assistant Attorney General of the Office of Legislative Affiars for the Department of Justice, is addressed to Dianne Feinstein and Saxby Chambliss, Chairman and Vice Chairman, respectively, of the Senate Select Committee on Intelligence. The letter addresses the Intelligence Community's collection programs under Title [7] of the Foreign Intelligence Surveillance Act (FISA). A classified document enclosed with the letter is described to provide "an overview of all the expiring provisions of FISA." The letter goes on to request that Section 702 within Title [7] be reauthorized by Congress, and that the classified document be provided to all Members of Congress eligible to receive the Top Secret information, as the letter's authors intended "to provide the same document to the House Permanent Select Committee on Intelligence under similar conditions." The enclosed White Paper is as redacted as necessary to preserve ongoing National Security interests.

  United States. Office of the Director of National Intelligence; United States. Department of Justice

  Weich, Ronald Harris, 1959-; Turner, Kathleen

  2012-05-04
• Joint Statement of Lisa O. Monaco, John C. Inglis, and Robert S. Litt at a Hearing Concerning 'FISA Amendments Act Reauthorization' Before the Permanent Select Committee on Intelligence, House of Representatives, February 9, 2012

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  This is the joint statement of Lisa O. Monaco, John C. Inglis, and Robert S. Litt, before the Permanent Select Committee on Intelligence of the United States House of Representatives, at a Hearing concerning "FISA [Foreign Intelligence Surveillance Act] Amendments Act Reauthorization," on February 9, 2012. The document was declassified and heavily redacted for publication, to protect ongoing National Security objectives. "On October 3, 2011, the FISC [Foreign Intelligence Surveillance Court] issued an opinion addressing the Government's submission of replacement certifications under section 702. [...] The FISC approved most of the Government's submission. It upheld NSA's [National Security Agency's] and FBI's [Federal Bureau of Investigation's] targeting procedures, CIA's [Central Intelligence Agency's] and FBI's minimization procedures, and most of NSA's minimization procedures. Nevertheless, the FISC denied in pert the Government's requests because of its concerns about the rules governing the retention of certain non-targeted Internet communications acquired through NSA's upstream collection. […] On October 31, 2011, after extensive consultations among the Department, ODNI [Office of the Director of National Intelligence], and NSA, the Attorney General submitted amended minimization procedures to the FISC addressing the deficiencies noted by the court. […] On November 30, the FISC granted the Government's request for approval of the amended procedures, stating that, with regard to information acquired pursuant to 2011 certifications, 'the government has adequately corrected the deficiencies identified in the October 3 Opinion,' and that the amended procedures, when 'viewed as a whole, meet the applicable statutory and constitutional requirements.'"

  United States. Office of the Director of National Intelligence; United States. Department of Justice; United States. National Security Agency

  Inglis, John C.; Litt, Robert S. (Robert Stephen), 1949-; Monaco, Lisa Oudens, 1968-

  2012-02-09
• Tapping into the Wiretap Debate

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  From the thesis abstract: "The use of electronic surveillance by federal intelligence agencies has historically been a contested topic. After a series of missteps by the intelligence community, Congress enacted the 1978 Foreign Intelligence Surveillance Act and Court to define and oversee electronic collection and surveillance in order to better protect civil liberties. In the twenty years that followed, the world would undergo an evolution in communication technologies, creating vulnerabilities for U.S. intelligence agencies under the law. In the aftermath of 9/11, both Congress and the Executive Office enhanced electronic surveillance measures to combat terrorism. Critics of the new laws and secret executive program argue infringements of civil liberties under the fourth Amendment. Advocates claim an essential need for national security. This paper will examine several related issues. What is the historical rationale behind the laws? How and why have they been adapted over time? Are they currently sufficient to provide intelligence agencies with the tools necessary to protect America while also providing adequate assurances to the American people of their right to privacy? And what further measures can be taken to improve the current system?"

  Army War College (U.S.)

  May, David W.

  2012-02-02
• Serial No. 112-129: FISA Amendments Act of 2008, Hearing Before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary House of Representatives, One Hundred Twelfth Congress, Second Session, May 31, 2012

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  From the opening statement of F. James Sensenbrenner: "Today's hearing examines the FISA Amendments Act of 2008, which is set to expire at the end of the year. The Foreign Intelligence Surveillance Act, or FISA, was enacted in 1978 to provide procedures for the domestic collection of foreign intelligence. In the 40 years since FISA's enactment, communication technologies have changed dramatically and revolutionalized the transmission of international communication. The shift from wireless satellite communications to fiber-optic wire communications alter the manner in which foreign communications are transmitted. The use of wire technology inside the United States to transit a phone call that takes place overseas have the unintended consequence of requiring the government to obtain an individualized FISA Court order to monitor foreign communications by non-U.S. persons. In 2008, Congress passed and the President signed the bipartisan FISA amendments to update our foreign intelligence laws. The Act permits the Attorney General and the Director of National Intelligence to target foreign persons reasonably believed to be located outside the U.S. to acquire foreign intelligence information. The Act requires prior Court approval of all government surveillance using these authorities, including Court approval of the government's targeting and minimization procedures. The FISA Amendments Act strengthens civil liberty." Statements, letters, and materials submitted for the record include those of the following: Robert C. 'Bobby' Scott, John Conyers, Jr., Kenneth L. Wainstein, Marc Rotenberg, and Jameel Jaffer.

  United States. Government Printing Office

  2012
• Joint Statement of Lisa O. Monaco, John C. Inglis, and Robert S. Litt at a Hearing Concerning 'FISA Amendments Act Reauthorization' Before the Permanent Select Committee on Intelligence, House of Representatives, December 8, 2011

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  This is the joint statement of Lisa O. Monaco, John C. Inglis, and Robert S. Litt, before the Permanent Select Committee on Intelligence of the United States House of Representatives, at a Hearing concerning "FISA [Foreign Intelligence Surveillance Act] Amendments Act Reauthorization," on December 8, 2011. The document was declassified and heavily redacted for publication, to protect ongoing National Security objectives. "On October 3, 2011, the FISC [Foreign Intelligence Surveillance Court] issued an opinion addressing the Government's submission of replacement certifications under section 702. [...] The FISC approved most of the Government's submission. It upheld NSA's [National Security Agency's] and FBI's [Federal Bureau of Investigation's] targeting procedures, CIA's [Central Intelligence Agency's] and FBI's minimization procedures, and most of NSA's minimization procedures. Nevertheless, the FISC denied in pert the Government's requests because of its concerns about the rules governing the retention of certain non-targeted Internet communications acquired through NSA's upstream collection. […] On October 31, 2011, after extensive consultations among the Department, ODNI [Office of the Director of National Intelligence], and NSA, the Attorney General submitted amended minimization procedures to the FISC addressing the deficiencies noted by the court. […] On November 30, the FISC granted the Government's request for approval of the amended procedures, stating that, with regard to information acquired pursuant to 2011 certifications, 'the government has adequately corrected the deficiencies identified in the October 3 Opinion,' and that the amended procedures, when 'viewed as a whole, meet the applicable statutory and constitutional requirements.'"

  United States. National Security Agency; United States. Department of Justice; United States. Office of the Director of National Intelligence

  Monaco, Lisa Oudens, 1968-; Inglis, John C.; Litt, Robert S. (Robert Stephen), 1949-

  2011-12-08
• Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, As Amended

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  "These National Security Agency (NSA) minimization procedures apply to the acquisition, retention, use, and dissemination of non-publicly available information concerning unconsenting United States persons that is acquired by targeting non-United States persons reasonably believed to be located outside the United States in accordance with section 702 of the Foreign Intelligence Surveillance Act of 1978, as amended ('the Act')."

  United States. National Security Agency

  2011-10-31
• United States Foreign Intelligence Surveillance Court: Memorandum Opinion and Order

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  This document is compiled from Parts 1-9 of the judicial review of the U.S. Government's submission before the United States Foreign Intelligence Surveillance court, concerning "the acquisition of certain telephone and Internet communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act". "For the reasons set forth [in the Memorandum and Opinion], the government's requests for approval are granted in part and denied in part. The Court concludes that one aspect of the proposed collection - the 'upstream collection' of Internet transactions containing multiple communications - is, in some respects, deficient on statutory and constitutional grounds."

  United States. Foreign Intelligence Surveillance Court

  Bates, John D.

  2011-10-03
• Congressional Notification - NSA Acquisition and Use of Telephony Metadata from Cellular Network Call Detail Records - Information Memorandum, Memorandum for Staff Director and Minority Staff Director, House Committee on the Judiciary, September 1, 2011

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  "This is to inform the Committee that, in addition to the telephony metadata the National Security Agency (NSA) has been acquiring since 2006 under its counterterrorism Business Records (BR) Foreign Intelligence Surveillance Act (FISA) program, NSA has begun to acquire and analyze telephony metadata derived from cellular network or 'mobility' call detail records (CDRs) [...] The cellular telephony metadata is being produced pursuant to an order issued by the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 501 [...] of FISA. As the Committee is aware, the orders issued by the FISC strictly control the circumstances under which NSA may access (query), use, and disseminate information obtained under this bulk collection program."

  United States. Department of Defense

  2011-09-01
• National Security Letters: Proposals in the 112th Congress [June 30, 2011]

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  "National Security Letters (NSLs) are roughly comparable to administrative subpoenas. Various intelligence agencies use them to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act. The USA PATRIOT Act expanded NSL authority. Later reports of the Department of Justice's Inspector General indicated that (1) the FBI [Federal Bureau of Investigation] considered the expanded authority very useful; (2) after expansion the number of NSL requests increased dramatically; (3) the number of requests relating to Americans increased substantially; and (4) FBI use of NSL authority had sometimes failed to comply with statutory, Attorney General, or FBI policies. […] This report reprints the text of the five NSL statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would be returned under S. 1125 and H.R. 1805). Related reports include CRS [Congressional Research Service] Report R40138, Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015, by Edward C. Liu, and CRS Report RL33320, National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments, by Charles Doyle."

  Library of Congress. Congressional Research Service

  Doyle, Charles

  2011-06-30
• Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015 [June 16, 2011]

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  From the Document: "The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. Authorization for such activities is typically obtained via a court order from the Foreign Intelligence Surveillance Court (FISC), a specialized court created to act as a neutral judicial decision maker in the context of FISA. Shortly after the 9/11 terrorist attacks, Congress enacted the USA PATRIOT Act, in part, to 'provid[e] enhanced investigative tools' to 'assist in the prevention of future terrorist activities and the preliminary acts and crimes which further such activities.' That act and subsequent measures amended FISA to enable the government to obtain information in a greater number of circumstances."

  Library of Congress. Congressional Research Service

  Liu, Edward C.

  2011-06-16
• Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization [June 16, 2011]

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  "Congress enacted the USA PATRIOT Act soon after the 9/11 terrorist attacks. The most controversial sections of the act facilitate the federal government's collection of more information, from a greater number of sources, than had previously been authorized in criminal or foreign intelligence investigations. The Foreign Intelligence Surveillance Act (FISA), the Electronic Communications Privacy Act (ECPA), and the national security letter (NSL) statutes were all bolstered. With the changes came greater access to records showing an individual's spending and communication patterns as well as increased authority to intercept e-mail and telephone conversations and to search homes and businesses. In some cases, evidentiary standards required to obtain court approval for the collection of information were lowered. Other approaches included expanding the scope of information subject to search, adding flexibility to the methods by which information could be collected, and broadening the purposes for which information may be sought. […] Subsequent legislation made most of these changes permanent. However, a number of authorities affecting the collection of foreign intelligence information are still temporary. Three such provisions (the lone wolf, roving wiretap, and business record sections of FISA) are set to expire on June 1, 2015. Additionally, provisions added by the FISA Amendments Act of 2008, relating to the use of foreign intelligence tools to target individuals while they are reasonably believed to be abroad, will expire on December 31, 2012."

  Library of Congress. Congressional Research Service

  Doyle, Charles; Liu, Edward C.

  2011-06-16
• Applicability of the Foreign Intelligence Surveillance Act's Notification Provision to Security Clearance Adjudications by the Department of Justice Access Review Committee, Memorandum Opinion for the Chair and Members of the Access Review Committee [June 3, 2011]

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  "The notification requirement in section 106(c) of the Foreign Intelligence Surveillance Act generally applies when the Department of Justice intends to use information obtained from electronic surveillance against an aggrieved person in an adjudication before the Access Review Committee concerning the Department's revocation of an employee's security clearance. Compliance with the notification requirement in section 106(c) of the Foreign Intelligence Surveillance Act in particular Access Review Committee adjudications could raise as-applied constitutional questions if such notice would require disclosure of sensitive national security information protected by executive privilege."

  United States. Department of Justice. Office of Legal Counsel

  2011-06-03
• Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire May 27, 2011

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  "Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on May 27, 2011. The three sunsetting amendments expanded the scope of federal intelligencegathering authority following the 9/11 terrorist attacks. Two amendments were enacted as part of the USA PATRIOT Act. 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 enlarged the scope of materials that could be sought under FISA to include 'any tangible thing.' It also lowered the standard required before a court order may be issued to compel their production. The third amendment was enacted in 2004, as part of the Intelligence Reform and Terrorism Prevention Act (IRTPA). Section 6001(a) of the IRTPA changed the rules regarding the types of individuals who may be targets of FISA-authorized searches. Also known as the 'lone wolf' provision, 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."

  Library of Congress. Congressional Research Service

  Liu, Edward C.

  2011-05-20
• Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire May 27, 2011 [May 13, 2011]

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  From the Document: "Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on May 27, 2011. The three sunsetting amendments expanded the scope of federal intelligence gathering authority following the 9/11 terrorist attacks. Two amendments were enacted as part of the USA PATRIOT Act. 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 enlarged the scope of materials that could be sought under FISA to include 'any tangible thing.' It also lowered the standard required before a court order may be issued to compel their production. The third amendment was enacted in 2004, as part of the Intelligence Reform and Terrorism Prevention Act (IRTPA). Section 6001(a) of the IRTPA changed the rules regarding the types of individuals who may be targets of FISA-authorized searches. Also known as the 'lone wolf' provision, 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. Although these provisions are set to sunset, grandfather clauses permit 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.

  2011-05-13
• Privacy: An Overview of the Electronic Communications Privacy Act [March 30, 2011]

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  "This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA. 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 his 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., email) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices. Each of these protective schemes comes with a procedural mechanism to afford limited law enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment. The government has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, and install and use pen registers and trap and trace devices for law enforcement purposes under ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act."

  Library of Congress. Congressional Research Service

  Doyle, Charles

  2011-03-30
• Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2011 [February 10, 2011]

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  From the Document: "Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on February 28, 2011. The three sunsetting amendments expanded the scope of federal intelligence-gathering authority following the 9/11 terrorist attacks. Two amendments were enacted as part of the USA PATRIOT Act. 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 enlarged the scope of materials that could be sought under FISA to include 'any tangible thing.' It also lowered the standard required before a court order may be issued to compel their production. The third amendment was enacted in 2004, as part of the Intelligence Reform and Terrorism Prevention Act (IRTPA). Section 6001(a) of the IRTPA changed the rules regarding the types of individuals who may be targets of FISA-authorized searches. Also known as the 'lone wolf' provision, 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. Although these provisions are set to sunset, grandfather clauses permit 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.

  2011-02-10
• Press Briefing by Press Secretary Robert Gibbs [February 8, 2011]

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  In this February 8, 2011 press briefing, Press Secretary Robert Gibbs discusses takes questions on the ongoing events in Egypt; the status of Egyptian President Mubarak; the activities of the Muslim Brotherhood; implications to the greater Middle East; Afghanistan and Pakistan; the status of FISA [Foreign Intelligence Surveillance Act] Court; and the domestic budget.

  United States. Office of the White House Press Secretary

  2011-02-08
• National Security Letters: Proposals in the 112th Congress [February 1, 2011]

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  "Three USA PATRIOT Act-related amendments to the Foreign Intelligence Surveillance Act (FISA) expire on February 28, 2011. None of the expiring provisions deal with National Security Letters (NSLs). The USA PATRIOT Act Sunset Extension Act of 2011 (S. 193), however, would both extend the expiration of those provisions and amend existing NSL authority. S. 193 corresponds in large measure to legislation reported out of the Senate Judiciary Committee during the last Congress (S. 1692 (111th Cong.)). NSLs are roughly comparable to administrative subpoenas. Various intelligence agencies use them to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act. [...] S. 193 would return NSL statutes, as of December 31, 2013, to their pre-USA PATRIOT Act status. It would also codify existing law with respect to judicial review of NSL nondisclosure orders and expand existing audit and reporting requirements. This report reprints the text of the five NSL statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would be returned under S. 193)."

  Library of Congress. Congressional Research Service

  Doyle, Charles

  2011-02-01
• S. Hrg. 111-1083: Oversight of the Transportation Security Administration, Hearing Before the Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Eleventh Congress, Second Session, November 17, 2010

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  From the opening statement of John D. Rockefeller IV: "Our transportation system remains a prime terrorist target, not just air--transportation, too, all forms. We must continue to bolster our defenses against a determined enemy, who will not relent, will not go away, and, in fact, will increase. And as terrorist methods evolve, therefore so must the TSA's [Transportation Security Administration]. TSA has massive responsibilities and multiple missions. They move a half a billion people through the U.S. aviation system every year, screen billions of pounds of domestic and foreign cargo as best as they can, protect our ports and our diverse public transportation systems, all of this with the prospect of not enough money to do the job that they would like to do. I do not doubt the difficulty of their mandate, but the agency must remain, somehow, well- resourced. We're not talking theology or ideology here, we're talking about protecting the American people. Gets to be a very different deal, sort of like FISA [Foreign Intelligence Surveillance Act]. A lot of Democrats didn't like FISA. They said it invaded privacy too much. Well, maybe a whole lot of really bad things didn't happen because there is FISA. And so, we have to just go back and forth on these things. The agency must remain well-resourced, as I indicated, and they must remain nimble in their response to new and emerging threats. We must take appropriate action to close any security loopholes, while making sure our global transportation system continues to move people, freight, goods, faster and faster, and in an effective manner." Statements, letters, and materials submitted for the record include those of the following: John S. Pistole, John D. Rockefeller IV, Byron L. Dorgan, Frank R. Lautenberg, Mark Pryor, Claire McCaskill, Tom Udall, Mark Warner, Mark Begich, Kay Bailey Hutchison, John Ensign, John Thune, Johnny Isakson, Johnny Isakson, Mike Johanns, Grant H. Willis, Kevin J. Janet, Eric D. Miller, Diana Sauder, Jim DeMint, Pamela Robinson, Amy Klobuchar, and George S. LeMieux.

  United States. Government Printing Office

  2011
• Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence: Reporting Period: June 1, 2009 - November 30, 2009

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  "The FISA Amendments Act of2008, Pub. L. No. 110-261, 122 Stat. 2438, now codified at 50 U.S.C. § 1881 a (hereinafter 'FAA'), requires the Attorney General and the Director of National Intelligence to assess compliance with certain procedures and guidelines issued pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, 50 U.S.C. § 1801 et seq. (hereinafter 'FISA'), as amended by the FAA, and to submit such assessments to the Foreign Intelligence Surveillance Court (FISC) and relevant congressional committees at least once every six months. As required by the Act, a team of oversight personnel from the Department of Justice (DOJ) and the Office of the Director of National Intelligence (ODNI) have conducted compliance reviews to assess whether the authorities under Section 702 of FISA have been implemented in accordance with applicable procedures and guidelines, described below. This report sets forth DOJ and ODNI's third joint compliance assessment under Section 702 of FISA, as amended by the FAA, covering the period June 1, 2009, through November 30, 2009."

  United States. Department of Justice; United States. Office of the Director of National Intelligence

  2010-05
• Government Collection of Private Information: Background and Issues related to the USA PATRIOT Act Reauthorization [March 2, 2010]

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  "Congress enacted the USA PATRIOT Act soon after the 9/11 terrorist attacks. The most controversial sections of the act facilitate the federal government's collection of more information, from a greater number of sources, than had previously been authorized in criminal or foreign intelligence investigations. The Foreign Intelligence Surveillance Act (FISA), the Electronic Communications Privacy Act (ECPA), and the national security letter (NSL) statutes were all bolstered. With the changes came greater access to records showing an individual's spending and communication patterns as well as increased authority to intercept e-mail and telephone conversations and to search homes and businesses. In some cases, evidentiary standards required to obtain court approval for the collection of information were lowered. Other approaches included expanding the scope of information subject to search, adding flexibility to the methods by which information could be collected, and broadening the purposes for which information may be sought. [...] Subsequent measures made most of the USA PATRIOT Act changes permanent. However, three authorities affecting the collection of foreign intelligence information are set to expire on February 28, 2011: the lone wolf, roving wiretap, and business record sections of FISA. The 111th Congress replaced an earlier expiration date with the 2011 date. Before that change was made, the impending expiration prompted legislative proposals which revisit changes made by the USA PATRIOT Act and related measures. [...] This report surveys the legal environment in which the legislative proposals arise."

  Library of Congress. Congressional Research Service

  Bazan, Elizabeth B.; Doyle, Charles; Henning, Anna C. . . .

  2010-03-02