WashingtonWatch.com - H.R. 5440, The FISA Amendments Act of 2008

Revision by webmaster (May 14, 2008, 01:00:00)

Wed, 14 May 2008 00:00:00 EDT

H.R. 5440 would amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence.

Detailed Summary

Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or FISA Amendments Act of 2008 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations and requirements.

Authorizes the AG and DNI to direct an electronic communication service provider to: (1) immediately provide the government with all information, facilities, and assistance necessary to accomplish an acquisition of communications; and (2) maintain under security procedures any records concerning such acquisition.

Requires the AG and DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the Foreign Intelligence Surveillance Court (Court) and the congressional intelligence committees.

States that FISA and the procedures of chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications), 121 (Stored Wire and Electronic Communications and Transactional Records Access), and 206 (Pen Registers and Trap and Trace Devices) of the federal criminal code shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.

Allows the AG to authorize the emergency employment of electronic surveillance if the AG, among other things: (1) determines that an emergency exists; (2) informs a Court judge of such determination; and (3) applies for a Court order authorizing such surveillance.

Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within seven days (current law requires 48 hours) after the emergency installation and use.

Authorizes the Court to sit en banc when: (1) necessary to secure or maintain uniformity of Court decisions; or (2) the proceeding involves a question of exceptional importance.

Authorizes the acquisition of foreign intelligence information in order to prevent the international proliferation of weapons of mass destruction.

Prohibits: (1) civil actions against a communication service provider, or individual other than such a provider, furnishing surveillance assistance requested from an element of the intelligence community; and (2) a state from conducting investigations, imposing sanctions, or commencing or maintaining a civil action or other proceeding against a provider furnishing requested assistance.

Status of the Legislation

Latest Major Action: 4/23/2008: Motion to Discharge Committee filed by Mr. Fossella. Petition No: 110-7.

Points in Favor

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Points Against

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Revision by webmaster (April 24, 2008, 01:00:00)

Thu, 24 Apr 2008 00:00:00 EDT

H.R. 5440 would amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence.

Detailed Summary

(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)

Status of the Legislation

Latest Major Action: 4/23/2008: Motion to Discharge Committee filed by Mr. Fossella. Petition No: 110-7.

Points in Favor

(Log in to edit the wiki and be the first to show why the bill should pass!)

Points Against

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Status as of April 23, 2008

Wed, 23 Apr 2008 00:00:00 EDT

4/23/2008: Motion to Discharge Committee filed by Mr. Fossella. Petition No: 110-7.

Comment by Cephus Allin, MD (March 2, 2008, 01:00:00)

Sun, 02 Mar 2008 00:00:00 EST

I find it interesting that the same Government which tried to hold gun manufactures liable for crimes they did not commit is trying to hold communications companies blameless for crimes they did commit....

Revision by webmaster (February 15, 2008, 01:00:00)

Fri, 15 Feb 2008 00:00:00 EST

H.R. 5440 would amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence.

Detailed Summary

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Status of the Legislation

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Points in Favor

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Points Against

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Revision by webmaster (February 15, 2008, 01:00:00)

Fri, 15 Feb 2008 00:00:00 EST

H.R. 5440 would amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence.

Detailed Summary

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Status of the Legislation

Latest Major Action: 2/14/2008: Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Points in Favor

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Points Against

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Status as of February 14, 2008

Thu, 14 Feb 2008 00:00:00 EST

2/14/2008: Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.