who allowed fisa surveillance abuse? new attorney general must find out

What does the FBI's FISA abuse tell us?

Inspector General report on FBI's FISA abuse tells us one thing: We need radical reform. In a bombshell report yesterday, the Justice Department Inspector General found that the Federal Bureau of Investigation made “fundamental errors” and persistently deceived a secret court to authorize surveilling a 2016 Trump presidential campaign official.

What is the Foreign Intelligence Surveillance Act (FISA)?

The Foreign Intelligence Surveillance Act of 1978 (FISA) regulates certain types of foreign intelligence collection including certain collection that occurs with compelled assistance from U.S. telecommunications companies.

Did the FBI violate the FISA court in 2017?

*In 2017, a FISA court decision included a 10-page litany of FBI violations, which “ranged from illegally sharing raw intelligence with unauthorized third parties to accessing intercepted attorney-client privileged communications without proper oversight.”

What is a FISA warrant and how does it work?

A FISA warrant is the nuclear bomb of searches, authorizing the FBI “to conduct, simultaneous telephone, microphone, cell phone, e-mail and computer surveillance of the U.S. person target’s home,...

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Who passed the FISA act?

the United States CongressForeign Intelligence Surveillance Act of 1978 Amendments Act of 2008. The FISA Amendments Act of 2008 passed by the United States Congress on July 9, 2008.

What does the Foreign Intelligence Surveillance Act of 1978 allow?

It was originally passed to allow the government to collect foreign intelligence information involving communications with "agents of foreign powers." Today, however, the federal government is exploiting this once-narrow exception to make an end-run around the Constitution.

Which of the following is required for electronic surveillance under the Foreign Intelligence Surveillance Act FISA )?

Applications for electronic surveillance or physical search orders must include the following: (1) the applicant's identity; (2) information regarding the target's identity if known; (3) why the target may be searched or surveilled; (4) a statement establishing a sufficient relationship between the target and the ...

Who appoints the members of the Foreign Intelligence Surveillance Court?

the Chief JusticeReview of FISC Decisions Congress created the Foreign Intelligence Surveillance Court of Review (FISCR) in 1978 to hear appeals from applications denied by FISC. This court is made up of three judges, appointed by the Chief Justice, from U.S. district or appellate courts and serving for seven years.

What is Section 702 of the FISA Amendments Act?

1. Section 702 allows warrantless surveillance of people inside and outside the U.S. Though Section 702 is justified as a counterterrorism tool, in reality it permits surveillance far beyond what is needed to protect national security.

What is the Intelligence Surveillance Act?

FISA, as amended, establishes procedures for the authorization of electronic surveillance, use of pen registers and trap and trace devices, physical searches, and business records for the purpose of gathering foreign intelligence.

Which Act greatly expanded the powers of the Foreign Intelligence Surveillance Court FISC )?

In 1978, it presented the Foreign Intelligence Surveillance Act to President Carter, who signed it into law. That law established, first, that non-criminal electronic surveillances within the United States were only permissible for the purpose of collecting foreign intelligence and/or foreign counterintelligence.

What is FISA in simple terms?

What is FISA? FISA stands for the Foreign Intelligence Surveillance Act of 1978. This act restricts the circumstances of when a United States government agency can perform warrantless surveillance.

Is FISA part of the Patriot Act?

The USA PATRIOT Act modified many major U.S. intelligence, communications, and privacy laws, including: The Electronic Communications Privacy Act (EPCA ), which modifies Title III of the Omnibus Crime Control and Safe Streets Act (the Wiretap Act ); the Foreign Intelligence Surveillance Act of 1978 (FISA); and the ...

What is the FISA court quizlet?

a U.S. federal court established and authorized under the Foreign Intelligence Surveillance Act of 1978 to oversee requests for surveillance warrants against suspected foreign intelligence agents inside the United States by federal law enforcement agencies.

What is the function of the FISA court?

Pursuant to FISA, the Court entertains applications submitted by the United States Government for approval of electronic surveillance, physical search, and other investigative actions for foreign intelligence purposes.

How is the USA Freedom Act different from the Patriot Act?

How is the Freedom Act different from the Patriot Act? The Freedom Act extends many of the would-be expired provisions of the Patriot Act, but with more limitations due to public scrutiny in the wake of the Edward Snowden revelations regarding bulk surveillance and interception.

What is the purpose of the Foreign Intelligence Surveillance Court?

The Foreign Intelligence Surveillance Court was established by Congress in 1978. The Court entertains applications made by the United States Government for approval of electronic surveillance, physical search, and certain other forms of investigative actions for foreign intelligence purposes.

What is FISA in simple terms?

What is FISA? FISA stands for the Foreign Intelligence Surveillance Act of 1978. This act restricts the circumstances of when a United States government agency can perform warrantless surveillance.

What is the primary objective of the Intelligence Reform and Terrorism Prevention Act of 2004?

The Intelligence Reform and Terrorism Prevention Act These duties include ensuring that the programs and policies of the United States Intelligence Community appropriately incorporate protections of civil liberties and privacy.

What did the Protect America Act do?

The Protect America Act modernized the Foreign Intelligence Surveillance Act (FISA) to provide our intelligence community essential tools to acquire important information about terrorists who want to harm America.

How Is a FISA Warrant Issued?

A FISA warrant is typically obtained through a court order. The FISA Court must find probable to allow the surveillance of a foreign power or agent of a power foreign power. The President of the United States can obtain a FISA Warrant through the Attorney General without a court order. Under Federal Law, the President can enforce electronic surveillance for up to one year only to acquire foreign intelligence information.

What is the right to privacy?

The right to privacy is one of the most important freedoms we enjoy in the United States. However, if the United States government has reason to suspect an individual or group is engaged in espionage, illegal foreign intelligence gathering or terrorism, they may become the subject of physical or electronic surveillance under the Foreign Intelligence Surveillance Act of 1978 or FISA. However, citizens and foreign nationals also have the right to protect themselves if they are wrongly targeted by the government. The legal team at Okabe & Haushalter is committed to protecting the rights of those accused of espionage and illegally gathering foreign intelligence. We utilize an aggressive and comprehensive approach to ensure each client is treated if fairly under the fullest extent of the law and to help place them in the best position to succeed.

What is wiretap used for?

The most common wiretaps are issued by the FBI and DEA. They are also used when multi-police agencies or departments work together. The most typical cases involve the sale and importation of drugs into the country. The Government will often use wiretaps as a first resort rather than a necessary resort. Over the years, our team of FISA warrant attorneys has successfully defended the rights of high-end clients accused of wrongdoing.

Can espionage be deported?

Far too many people have been unfairly targeted by the U.S. government on charges of espionage. The consequences of espionage charges can be severe. It can result in deportation or even significant time behind bars. When your assets and freedom are at stake, It is important to have a powerful legal team in your corner to fight these charges. The FISA warrant attorneys at Okabe & Haushalter are ready to help.

What is the government's role in FISA?

Under all FISA and FAA programs, the government compels one or more providers to assist NSA with the collection of information responsive to the foreign intelligence need. The government employs covernames to describe its collection by source. Some that have been revealed in the press recently include FAIRVIEW, BLARNEY, OAKSTAR, and LITHIUM. While some have tried to characterize the involvement of such providers as separate programs, that is not accurate. The role of providers compelled to provide assistance by the FISC is identified separately by the Government as a specific facet of the lawful collection activity.

What is the purpose of Section 702 of the FISA?

Under Section 702 of the FISA, NSA is authorized to target non-U.S. persons who are reasonably believed to be located outside the United States. The principal application of this authority is in the collection of communications by foreign persons that utilize U.S. communications service providers. The United States is a principal hub in the world's telecommunications system and FISA is designed to allow the U.S. Government to acquire foreign intelligence while protecting the civil liberties and privacy of Americans. In general, Section 702 authorizes the Attorney General and Director of National Intelligence to make and submit to the FISA Court written certifications for the purpose of acquiring foreign intelligence information. Upon the issuance of an order by the FISA Court approving such a certification and the use of targeting and minimization procedures, the Attorney General and Director of National Intelligence may jointly authorize for up to one year the targeting of non-United States persons reasonably believed to be located overseas to acquire foreign intelligence information. The collection is acquired through compelled assistance from relevant electronic communications service providers.

What is NSA identifier?

NSA provides specific identifiers (for example, e-mail addresses, telephone numbers) used by non-U.S. persons overseas who the government believes possess, communicate, or are likely to receive foreign intelligence information authorized for collection under an approved certification. Once approved, those identifiers are used to select communications for acquisition. Service providers are compelled to assist NSA in acquiring the communications associated with those identifiers.

What is BR FISA?

Under NSA's Business Records FISA program (or BR FISA), first approved by the Foreign Intelligence Surveillance Court (FISC) in 2006 and subsequently reauthorized during two different Administrations, four different Congresses, and by 14 federal judges, specified U.S. telecommunications providers are compelled by court order to provide NSA with information about telephone calls to, from, or within the U.S. The information is known as metadata, and consists of information such as the called and calling telephone numbers and the date, time, and duration of the call - but no user identification, content, or cell site locational data. The purpose of this particular collection is to identify the U.S. nexus of a foreign terrorist threat to the homeland.

What is Section 705 B?

Section 705 (b) permits the Attorney General to approve similar collection against a U.S. person who is already the subject of a FISA court order obtained pursuant to Section 105 or 304 of FISA. The probable cause standard has, in these cases, already been met through the FISA court order process.

What is the purpose of the Foreign Intelligence Surveillance Act of 1978?

The Foreign Intelligence Surveillance Act of 1978 (FISA) regulates certain types of foreign intelligence collection including certain collection that occurs with compelled assistance from U.S. telecommunications companies. Given the techniques that NSA must employ when conducting NSA's foreign intelligence mission, NSA quite properly relies on FISA authorizations to acquire significant foreign intelligence information and will work with the FBI and other agencies to connect the dots between foreign-based actors and their activities in the U.S. The FISA Court plays an important role in helping to ensure that signals intelligence collection governed by FISA is conducted in conformity with the requirements of the statute. All three branches of the U.S. Government have responsibilities for programs conducted under FISA, and a key role of the FISA Court is to ensure that activities conducted pursuant to FISA authorizations are consistent with the statute, as well as the U.S. Constitution, including the Fourth Amendment.

Why are minimization procedures used?

For example, a U.S. person might be courtesy copied on an e-mail to or from a legitimate foreign target, or a person in the U.S. might be in contact with a known terrorist target. In those cases, minimization procedures adopted by the Attorney General in consultation with the Director of National Intelligence and approved by the Foreign Intelligence Surveillance Court are used to protect the privacy of the U.S. person. These minimization procedures control the acquisition, retention, and dissemination of any U.S. person information incidentally acquired during operations conducted pursuant to Section 702.