FISA

The Foreign Intelligence Surveillance Act (FISA) is a United States federal law enacted in 1978 to regulate electronic surveillance, physical searches, and information gathering for foreign intelligence purposes, with an emphasis on judicial oversight and privacy safeguards. It created a framework for the government to obtain warrants for surveillance directed at foreign powers and agents of foreign powers, and it established procedures for handling information about U.S. persons that is incidentally collected.

FISA primarily applies to surveillance targeting foreign powers, including political organizations and individuals reasonably believed to be located outside the United States. It allows the government to conduct certain types of intelligence gathering with approval from the Foreign Intelligence Surveillance Court (FISC), a specialized court in Washington, D.C. Applications for surveillance must show probable cause that the target is a foreign power or an agent of a foreign power. The law also requires minimization procedures to limit the collection, retention, and dissemination of information about U.S. persons, and it provides mechanisms for periodic review and reporting to Congress.

Over the years, FISA has been amended to address evolving security threats and civil liberties concerns. The Patriot Act of 2001 broadened surveillance capabilities in response to terrorism. The FISA Amendments Act of 2008 expanded authorities under Section 702 to allow the targeted collection of communications of non-U.S. persons abroad, with incidental collection of communications of U.S. persons subject to minimization rules. The USA Freedom Act of 2015 reformed certain programs, curtailed bulk data collection, and increased transparency and judicial oversight, while preserving core FISA authorities.

FISA and its amendments continue to shape U.S. intelligence practices, balancing national security interests with privacy and civil liberties considerations.