Glossary > Privacy > Government Surveillance And Legislation > Surveillance Laws (e.g., Patriot Act, FISA)

FISA (Foreign Intelligence Surveillance Act)

The Foreign Intelligence Surveillance Act (FISA) is a United States law that establishes procedures for the physical and electronic surveillance and collection of foreign intelligence information between foreign powers and agents in the U.S. It allows the government to monitor communications and activities of foreign powers or agents. FISA also created the Foreign Intelligence Surveillance Court (FISC), which reviews and approves government requests for surveillance warrants.

Example #1

If the government suspects a foreign agent is operating within the U.S. and wants to monitor their communications, they would need to obtain a warrant under FISA.

Example #2

In cases where tracking the activities of a known foreign power is deemed necessary for national security, FISA warrants are used to authorize surveillance.

Misuse

Misuse of FISA can occur when the surveillance authorized under it is conducted without proper justification or oversight. For example, if surveillance is carried out on U.S. citizens without sufficient evidence of their involvement in foreign intelligence activities, it can infringe on their privacy rights and lead to unwarranted intrusion into their personal lives. It's crucial to prevent misuse of FISA to safeguard individual privacy and prevent overreach by government agencies.

Benefits

The benefit of FISA is its role in enabling the U.S. government to gather intelligence on potential threats from foreign entities, aiding in national security efforts. For instance, when there are credible suspicions of a foreign power planning activities that could harm the country, FISA allows authorities to legally conduct surveillance to gather information that can help prevent security breaches or attacks.

Conclusion

It is essential to strike a balance between national security interests and individual privacy rights when implementing laws like FISA. While FISA can be a powerful tool for ensuring national security, it must be used responsibly to prevent abuses and protect the privacy of individuals. CAP advocates for transparent and accountable surveillance practices that prioritize consumer and employee rights.

Last Modified: 4/30/2024