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Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
""Great Seal of the United States
Long title An Act to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.
Nicknames FISA Amendments Act of 2008
Enacted by the "110th United States Congress
Effective July 10, 2008
Citations
Public law 110-261
"Statutes at Large 122 "Stat. 2436
Codification
Acts amended "Foreign Intelligence Surveillance Act
"USA PATRIOT Act
"Protect America Act of 2007
Titles amended "50 U.S.C.: War and National Defense
U.S.C. sections amended "50 U.S.C. ch. 36 § 1801 et seq.
Legislative history
Major amendments
"USA Freedom Act

The FISA Amendments Act of 2008 (also called the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, H.R. 6304, enacted 2008-07-10) is an "Act of Congress that "amended the "Foreign Intelligence Surveillance Act.[1] It has been used as the legal basis for "mass surveillance programs disclosed by "Edward Snowden in 2013, including "PRISM.[2]

Contents

Background[edit]

"Warrantless wiretapping by the "National Security Agency (NSA) was revealed publicly in late 2005 by the "New York Times and then reportedly discontinued in January 2007.[3] See Letter from Attorney-General "Alberto Gonzales to Senators "Patrick Leahy and "Arlen Specter, CONG. REC. S646-S647 (Jan. 17, 2007).[4] Approximately forty lawsuits have been filed against telecommunications companies by groups and individuals alleging that the "Bush administration illegally monitored their phone calls or e-mails.[5] Whistleblower evidence suggests that "AT&T was complicit in the NSA's warrantless surveillance, which could have involved the private communications of millions of Americans.[6]

The Foreign Intelligence Surveillance Act makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both.[7] In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using, or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both.[8]

Foreign surveillance[edit]

The FISA Amendments Act also added a new Title VII to FISA which contained provisions similar, but not identical, to provisions in the "Protect America Act of 2007 which had expired earlier in 2008. The new provisions in Title VII of FISA were scheduled to expire on December 31, 2012, but two days before the "U.S. Senate extended the FISA Amendments Act for five years (until December 31, 2017) which renews the U.S. government's authority to monitor electronic communications of foreigners abroad.[9]

Section 702 permits the "Attorney General and the "Director of National Intelligence to jointly authorize targeting of persons reasonably believed to be located outside the United States, but is limited to targeting non-U.S. persons. Once authorized, such acquisitions may last for periods of up to one year.

Under subsection 702(b) of the FISA Amendments Act, such an acquisition is also subject to several limitations. Specifically, an acquisition:

Section 702 authorizes foreign surveillance programs by the National Security Agency (NSA), like "PRISM and some earlier data collection activities which were previously authorized under the "President's Surveillance Program from 2001.

Legislative history[edit]

Netroots opposition to the bill[edit]

A group of "netroots "bloggers and Representative "Ron Paul supporters joined together to form a "bipartisan "political action committee called "Accountability Now to raise money during a one-day "money bomb, which, according to the "Wall Street Journal, would be used to fund advertisements against Democratic and Republican lawmakers who supported the retroactive immunity of the telecommunications company.[23]

Provisions[edit]

Specifically, the Act:[24]

"Release from liability.—No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with [an order/request/directive issued by the Attorney General or the Director of National Intelligence]." [25]

Effects[edit]

ACLU lawsuit[edit]

The "American Civil Liberties Union (ACLU) filed a lawsuit challenging the FISA Amendments Act of 2008 on the day it was enacted. The case was filed on behalf of a broad coalition of attorneys and human rights, labor, legal, and media organizations whose ability to perform their work—which relies on confidential communications—could be compromised by the new law.[28] The complaint, captioned Amnesty et al. v McConnell and filed in the United States District Court for the Southern District of New York, argued that the eavesdropping law violated people's rights to free speech and privacy under the First and Fourth Amendments to the Constitution.[29] The case was dismissed from the district court on the grounds that the plaintiffs could not prove their claims, but was revived in March 2011 by the "United States Court of Appeals for the Second Circuit, which disagreed.[30] The subsequent citation was "Amnesty v. Blair. On February 26, 2013, the U.S. Supreme Court dismissed the lawsuit, deciding that the plaintiffs did not have standing to sue.[31]

Comparisons[edit]

In an internet broadcast interview with "Timothy Ferriss, "Daniel Ellsberg compared the current incarnation of FISA to the East German "Stasi.[32] Ellsberg stated that the powers which were currently being given to the federal government through this and other recent amendments to FISA since the "September 11 attacks opened the door to abuses of power and unwarranted surveillance.

See also[edit]

References[edit]

  1. ^ "U.S. Senate Roll Call Vote Summary, Vote 00168, 100th Congress, 2nd Session". 2008-07-09. 
  2. ^ Sanders, Katie (April 9, 2015). "Fact-checking John Oliver's interview with Edward Snowden about NSA surveillance". "Tampa Bay Times. 
  3. ^ "Bush Lets U.S. Spy on Callers Without Courts". NYT's Risen & Lichtblau's December 16, 2005 "Bush Lets U.S. Spy on Callers Without Courts". Archived from the original on February 6, 2006. Retrieved February 18, 2006.  via commondreams.org
  4. ^ "Gonzales Letter" (PDF). New York Times. 
  5. ^ Lichtblau, Eric (20 June 2008). "Deal Reached in Congress to Rewrite Rules on Wiretapping". New York Times. Retrieved 2008-11-02. 
  6. ^ "Mark Klein - AT&T WhistleBlower". MSNBC/YouTube. 
  7. ^ "U.S. CODE: Title 50, section 1809. Criminal sanctions". 
  8. ^ "U.S. CODE: Title 18, section 2511. Interception and disclosure of wire, oral, or electronic communications prohibited". 
  9. ^ "Congress extends foreign surveillance law". Politico.com. Associated Press. 2012-12-28. Retrieved 2014-01-27. 
  10. ^ Wihbey, John (2013-07-15). "NSA surveillance: Clarifying and distinguishing two data collection programs". Journalistsresource.org. Retrieved 2014-01-27. 
  11. ^ Kane, Paul (2008-06-21). "House Passes Spy Bill; Senate Expected to Follow". Washington Post. 
  12. ^ "Final Vote Results For Roll Call 437, June 20, 2008". 
  13. ^ a b "Senators Block Consideration of Wiretap Bill". CNN. 2008-06-27. 
  14. ^ "Vote Summary On Dodd Amendment (No. 5064) to Strike Title II". senate.gov. 2008-07-09. 
  15. ^ "Vote Summary On A bill to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.". senate.gov. 2008-07-09. 
  16. ^ Smith, Lamar. "H.R. 5949: FISA Amendments Act Reauthorization Act of 2012". govtrack.us. Retrieved 19 September 2012. 
  17. ^ Savage, Charlie (13 September 2012). "Judge Rules Against Law on Indefinite Detention". New York Times. Retrieved 14 September 2012. 
  18. ^ Bond, Kit (19 June 2012). "FISA Amendments Act of 2008". Wall Street Journal. Retrieved 19 September 2012. 
  19. ^ "Vote Summary On "A bill to extend the FISA Amendments Act of 2008 for five years."". senate.gov. 2012-12-28. 
  20. ^ FISA Warrantless Wiretapping Bill Poised For Renewal
  21. ^ President Obama Quietly Renews Warrantless Wiretap Law for 5 Years
  22. ^ Statement by the Press Secretary on H.R. 5949
  23. ^ Schatz, Amy (2008-07-08). "Paul Camp, Liberals Unite On Spy Bill". Wall Street Journal. 
  24. ^ Hess, Pamela (2008-07-09). "Senate Immunizes Telecom Firms From Wiretap Lawsuits". The New York Sun. Retrieved 2008-11-02. 
  25. ^ a b "FISA Amendments Act of 2008" – Section 702, subsection h, paragraph 3; Section 703, subsection e.
  26. ^ a b ""FISA Amendments Act of 2008"". Govtrack.us. 2008-07-09. Retrieved 2014-01-27. 
  27. ^ "FISA Amendment Act Wall Street Journal". Online.wsj.com. 2008-06-19. Retrieved 2014-01-27. 
  28. ^ "ACLU Sues Over Unconstitutional Dragnet Wiretapping Law". American Civil Liberties Union. 2008-07-10. 
  29. ^ "Amnesty et al. v McConnell Complaint" (PDF). American Civil Liberties Union. 2008-07-10. 
  30. ^ "Amnesty et al. v. Blair: Victory in FISA Amendment Act Challenge", ACLU. March 21, 2011. Accessed March 22, 2011
  31. ^ Tim Phillips, "Supreme Court Dismisses Lawsuit Challenging Warrantless Eavesdropping Law", Activist Defense, February 27, 2013.
  32. ^ "What Every American Needs to Know (and Do) About FISA Today | Tim Ferriss". YouTube. 2008-07-07. Retrieved 2014-01-27. 

External links[edit]

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