H.R. 6304 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 the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, subject to specified requirements, including: (1) prior certification to the Foreign Intelligence Surveillance Court (Court); and (2) certain targeting and minimization procedures.
Authorizes: (1) the AG and DNI to direct an electronic communication service provider (provider) to provide the government with all necessary assistance to accomplish the acquisition of information from targeted persons; and (2) the provider to challenge such a directive through the Court.
Requires the AG and DNI to conduct semiannual assessments of compliance with targeting and minimization procedures.
Provides Court jurisdiction for approving the targeting of a U.S. person located outside the United States when the acquisition is conducted within the United States.
Allows the AG to authorize an emergency acquisition of such a target in certain circumstances, upon application within seven days for a Court order authorizing the surveillance. Provides similar Court jurisdiction and outlines similar procedures for the acquisition (and emergency acquisition) of a physical search.
Authorizes: (1) joint applications and concurrent approvals of requests for acquisitions proposed to be conducted both inside and outside the United States; and (2) concurrent authorizations of electronic surveillance and physical searches.
Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of information acquisition requirements.
States that, other than by express statutory authorization, 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.
Requires the AG to submit semiannually to the intelligence committees copies of any orders of the Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of FISA, including any such orders issued during the five-year period before the enactment of this Act.
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 from an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction.
Provides certain protections for entities (including a provider, custodian, or landlord) providing surveillance assistance at the request of the AG or the intelligence community.
Requires the review of surveillance actions conducted during the period beginning on September 11, 2001, and ending on January 17, 2007.<br>
Status of the Legislation
Latest Major Action: 7/9/2008: Presented to President.
Points in Favor
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Points Against
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Visitor Comments
Can't Be Fooled
FISA wiretap laws were created as a result of presidential abuse in the past. They knew it was a crime. But the telecoms which are granted huge government contracts (some illegally) felt it was OK to comply. AT&T is the biggest conspirator in the game and not only cooperates, but develops systems (without being asked to do so) which have created the infrastructure for our newly developing police state. President Bush has never lobbied so hard for any other issue than he has for telco immunity. Why is that? because if the telcos are held responsible for their crimes, it would send a chilling message to all of the other companies who are engaged in the creation of a police state that we don't know about (yet) and would effectively set back their plan for decades. Mr. Bush understands this very well. The second, and more important aspect of his lobbying efforts are related to self-protection. He understands that if the telcos escape judicial scrutiny.
Lowell Faubion
I oppose this bill,because it is against the constitution of the United States.It does away with the fourth amendment to the constitution. Thank you.
mr. smith
*chuckle* No, thank you. Break the Constitution on someone else's watch.
LTC_SGA
Having been part of the "ops" side of the house people don't realize this bill is for the bad guys, not regular people who have nothing to hide or are not engaged in big time foreign espionage. My question is-why are you so paranoid?
The Warden
Paranoia has nothing to do with it. This law violates not one, but two clauses of the Constitution: Amendment IV, the searches and seizures provision; and Article I, section 9, which prohibits Congress from passing ex post facto (i.e., retroactive) laws.
The definition of "bad guys" is adjustable at the convenience of the Administration. The FISA Amendments Act 2008 is the nose under the camel's tent for total erasure of the Fourth Amendment.
klapa
Couldn't agree with Warden more - whatever administration is in power will use these laws to spy on anyone they please. Just look at the main reason the law was enacted in the first place - Richard Nixon wiretapping his political enemies.
John Deeds
This Bill that became Law, is so muddied down in twists and turns, that it is difficult for the average reader to forget that it is an 'amendment' to a CIA needed Law from 1978. It only seems to effect certain Americans who are 'abroad' and who suspected of some crime worthy of being bugged and mugged--abroad! Remember that the CIA has 'no power' within the USA!
Nevertheless, I would be against this Law (too late to appeal it for us--and 'they' aren't about to change it, because that is how these types of under-handed Bills become Law, as they know that we American voters are asleep at the wheel anyway)due to the ease by which the CIA and the AG can obtain the powers to have a free hand at taping and mugging someone 'of interest.'
'Just don't travel beyond the USA, and you'll be all right. Welcome to this Brave New World.