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Foreign Intelligence Surveillance Court: Foreign Intelligence Surveillance Act
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The 1978 Foreign Intelligence Surveillance Act (FISA) was enacted as a response to public outrage over the extent of domestic spying during the Kennedy, Johnson, and Nixon administrations. While recognizing that intelligence gathering is a legitimate function in the national security interest, Congress passed the law to limit the government's power to break into homes and spy on U.S. citizens.
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The Bush administration is asking Congress to approve changes to the 1978 Foreign Intelligence Surveillance Act, or FISA. The proposed modifications would give the government more power to gather foreign intelligence information. Supporters say the changes would bring the law up to date with changes in new technology, including e-mail and wireless communications.
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President Bush has acknowledged ordering the National Security Agency to intercept communications between Americans and suspected terrorists abroad without warrants required by the 1978 Foreign Intelligence Surveillance Act. Bush has insisted that he has the power as commander-in-chief to authorize the surveillance without congressional approval.
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The president is pushing for revisions to the Foreign Intelligence Surveillance Act, citing a heightened terrorist threat for the action. However, privacy advocates say the president's efforts stem from a recent special court ruling that limits the government's authority to spy on e-mails and phone calls.
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Foreign Intelligence Surveillance Act