Foreign Intelligence Surveillance Act

The Foreign Intelligence Surveillance Act of 1978 (FISA, Pub. L.Tooltip Public Law (United States) 95–511, 92 Stat. 1783, 50 U.S.C. ch. 36) is a United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil.

Foreign Intelligence Surveillance Act of 1978
Long titleAn Act to authorize electronic surveillance of foreign intelligence information.
Acronyms (colloquial)FISA
Enacted bythe 95th United States Congress
EffectiveOctober 25, 1978
Citations
Public law95-511
Statutes at Large92 Stat. 1783
Codification
Titles amended50 U.S.C.: War and National Defense
U.S.C. sections created50 U.S.C. ch. 36 § 1801 et seq.
Legislative history
  • Introduced in the Senate as S. 1566 by Ted Kennedy (D–MA) on May 18, 1977
  • Committee consideration by Senate Select Committee on Intelligence, Committee on the Judiciary
  • Passed the Senate on April 20, 1978 (95–1)
  • Passed the House on September 7, 1978 (246–128, in lieu of H.R. 7308)
  • Reported by the joint conference committee on October 5, 1978; agreed to by the Senate on October 9, 1978 (Without objection) and by the House on October 12, 1978 (226–176)
  • Signed into law by President Jimmy Carter on October 25, 1978
Major amendments
United States Supreme Court cases

FISA was enacted in response to revelations of widespread privacy violations by the federal government under U.S. president Richard Nixon. It requires federal law enforcement and intelligence agencies to obtain authorization for gathering "foreign intelligence information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism. The law established the Foreign Intelligence Surveillance Court (FISC) to oversee requests for surveillance warrants.

Although FISA was initially limited to government use of electronic surveillance, subsequent amendments have broadened the law to regulate other intelligence-gathering methods, including physical searches, pen register and trap and trace (PR/TT) devices, and compelling the production of certain types of business records.

FISA has been repeatedly amended since the September 11 attacks, with several added provisions garnering political and public controversy due to privacy concerns.

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