Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

Current status


Bill summary

 * Prohibits the targeting of any United States persons who are reasonably believed to be located outside of the United States without the approval of the Foreign Intelligence Surveillance Court (Sec. 101).


 * Prohibits the targeting of any person located outside of the United States with the intention of gaining information about a person located within the United States (Sec. 101).


 * Prohibits the acquisition of any communications in which the sender and all recipients are reasonably believed to be within the United States (Sec. 101).


 * Requires the Attorney General and the Director of National Security to provide the Foreign Intelligence Surveillance Court with a written certification and any supporting affidavit prior to the employment of electronic surveillance (Sec. 101).


 * Allows the authorization of foreign surveillance under "emergency" or time-limited circumstances without preliminary Foreign Intelligence Surveillance Court approval provided that relevant applications or certifications are presented to the Court no later than 7 days after the authorization of such surveillance (Sec 101).


 * Releases electronic communication providers from liability with regards to civil action that may be brought up in any court due to assistance provided to the government in obtaining electronic surveillance if such assistance was authorized by the President before January 17, 2007 or if such assistance was the subject of written directions from the Attorney General or heads of the intelligence community indicating that the activity was lawful (Sec. 201).


 * Mandates that the certification for reauthorization of surveillance orders already in effect must be submitted to the Foreign Intelligence Surveillance Court at least 30 days prior to the expiration of the previous authorization (Sec. 101).


 * Requires the Inspectors General of the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, the Department of Defense, and the Inspector General of any intelligence agency that participated in the President's Surveillance Program to submit a comprehensive report to congress within one year of the enactment of this legislation regarding oversight authority, the responsibility of each such Inspector General, and information regarding the implementation and use of the program (Sec. 301).

Key votes

 * Vote to pass a bill related to the acquisition of foreign intelligence via surveillance that defines what type of individuals may be targeted through electronic surveillance and outlines the certification and approval processes that are required as precursors to employing electronic surveillance.

House


Senate
Sen. Chris Dodd proposed an amendment to strike one of the provisions of the FISA Amendments Act, a provision that offered immunity to telecommunications companies involved in surveillance. The amendment failed to pass; the vote was 32-66.



The Drum Major Institute which supported the amendment, selected the vote for its 2008 Senate scorecard, where it gave the following description: "Granting retroactive immunity to companies that illegally spied on citizens sets a dangerous precedent for corporations to trample the rights of middle-class Americans without having to face any consequences for breaking the law. Telecommunications companies, at the behest of the Bush Administration, illegally monitored American citizens’ private e-mail correspondence, phone calls, password protected web activity, and other communications. This violated Americans’ Fourth Amendment right against unwarranted searches and seizures, the Foreign Intelligence Surveillance Act and the contractual rights of private customers who signed privacy agreements with these companies. Our civil justice system allows regular Americans to hold corporations accountable when they violate cherished rights such as those outlined in our Constitution. Granting retroactive immunity would weaken middle-class Americans’ ability to take on powerful corporations for breaking the law. What’s more, retroactive immunity would weaken the ability of middle-class consumers to trust that their contracts with corporations will be honored and that the legal system will treat their constitutional rights as more than symbolic. In short, granting retroactive immunity would severely undermine Americans' faith in the legal system. Granting retroactive immunity also sets a dangerous precedent by giving the Administration unbridled power, under the guise of pursuing security interests, to pressure companies into violating Americans’ rights with impunity and to protect those corporations from liability for a range of other violations of the law." The Senate passed the bill on July 9, 2008.



















Articles and resources

 * Fog City Journal's article Jackie Speier Says No to Wiretapping House Passes FISA Bill Anyway, 293-129 20 Jun 2008.


 * Senator Kit Bond's position Bond Hails House Passage of Terrorist Surveillance Bill Bipartisan FISA Bill will Protect American Families, Civil Liberties 20 Jun 2008.


 * Congressman Tim Mahoney's position Bipartisan Legislation Strengthens National Security, Rejects Automatic Immunity for Private Sector Companies, and Protects Civil Liberties 20 Jun 2008.


 * CQPolitics' article FISA Overhaul Set to Clear Senate 23 Jun 2008.