Salon: Glenn Greenwald
January 15, 2009
The Foreign Intelligence Surveillance Act was enacted in 1978, passed in response to revelations by the Church Committee showing widespread abuse of government wiretaps, and to growing concerns on the part of the Supreme Court over eavesdropping practices. The law governs the surveillance of people in the United States for the purpose of collecting intelligence related to foreign powers. A special, secret court, known as the Foreign Intelligence Surveillance, or FISA, court was created to hear requests for such warrants. Safeguards were put in place to ensure that investigators pursuing criminal matters did not obtain warrants under FISA that they could not get from an ordinary judge.
After the Sept. 11th attacks, members of the Bush administration were highly critical of the FISA restrictions. Portions of the Patriot Act expanded the law's reach to cover terrorism suspects as well as agents of foreign countries. But when President Bush ordered an expanded program of surveillance by the National Security Agency, he decided to bypass the FISA process entirely. When news of these warrantless wiretaps emerged in 2005, administration officials argued that working within FISA would have been too cumbersome.
After fiercely resisting Congressional suggestions that the program be placed under the FISA court, administration officials announced in January 2007 that they agreed to do just that. But in July intelligence officials approached Congress about revising the law on an urgent basis, saying a ruling by a FISA judge had sharply restricted their ability to intercept foreign-to-foreign communications passing through telecommunication “switches” on American soil.
In August, Congress passed the Protecting America Act with the changes the administration had sought, but with an expiration date six months away to allow for a more considered review of the issue. As the House and Senate worked on a replacement bill through the fall and early winter, the key sticking point turned out to be a different issue: the administration's insistence that telecommunications companies that had cooperated with the secret wiretapping program be given immunity from prosecution.
After months of wrangling, Democratic and Republican leaders in Congress struck a deal in late June 2008 that provided what amounted to legal immunity to the phone companies that took part in President Bush’s eavesdropping program.
The deal, expanding the government’s powers to spy on terrorism suspects in some major respects, strengthens the ability of intelligence officials to eavesdrop on foreign targets. It also allows them to conduct emergency wiretaps without court orders on American targets for a week if it is determined that important national security information would otherwise be lost.
The deal was criticized by many Democrats and advocates for civil liberties. But its supporters, including then-Senator Barack Obama, called it a reasonable compromise and the best deal available.
On Jan. 15, 2009, a federal intelligence court issued a rare public ruling upholding the 2007 law, validating the power of the president and Congress to wiretap international phone calls and intercept e-mail messages without a specific court order, even when Americans’ private communications may be involved.
The decision by the Foreign Intelligence Surveillance Court of Review, actually reached the previous August, upheld a secret 2008 ruling issued by the intelligence court that it oversees, the FISA court.
-- January 15, 2009
Highlights From the Archives
Senate Approves Bill to Broaden Wiretap Powers
The bill expanded the government’s surveillance powers and granted immunity for phone companies.
July 10, 2008washingtonNewsHouse Leaves Surveillance Law to Expire
The House broke for a week’s recess without renewing terrorist surveillance authority demanded by President Bush, who warned of risky intelligence gaps while being accused of fear mongering.
February 15, 2008washingtonNews
Concerns Raised on Wider Spying Under New Law
In a frenetic scramble, Congress may have approved more surveillance powers than the Bush administration sought.
August 19, 2007washingtonNews
Court to Oversee U.S. Wiretapping in Terror Cases
The decision capped 13 months of bruising national debate over the reach of the president’s wartime authorities and his claims of executive power.
January 18, 2007washingtonNewsARTICLES ABOUT FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA)
Court Affirms Wiretapping Without Warrants
The ruling validated the president’s power to wiretap international phone calls without a court order.
January 16, 2009MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: LAW AND LEGISLATION, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, DECISIONS AND VERDICTS
The Surveillance-Industrial Complex
James Bamford brings his narrative of the National Security Agency into the post-9/11 era.
January 11, 2009MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, TERRORISM, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, TELEPHONES AND TELECOMMUNICATIONS, BOOKS AND LITERATURE, SEPTEMBER 11 (2001), MUMBAI (INDIA), NATIONAL SECURITY AGENCY, BAMFORD, JAMES
New York Police Fight With U.S. on Surveillance
The Justice Department is resisting an effort by the New York Police Department to get broader latitude to eavesdrop on terrorism suspects.
November 20, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, LAW AND LEGISLATION, POLICE, TERRORISM, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, NEW YORK CITY, UNITED STATES, FEDERAL BUREAU OF INVESTIGATION, JUSTICE DEPARTMENT, POLICE DEPARTMENT, KELLY, RAYMOND W, MUKASEY, MICHAEL B
Democratic Pressure on Obama to Restore the Rule of Law
An ardent defender of civil liberties, Senator Russ Feingold of Wisconsin is dedicated to putting the restoration of American legal traditions on the next president’s agenda.
November 14, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, UNITED STATES POLITICS AND GOVERNMENT, EXECUTIVE PRIVILEGE, DOCTRINE OF, CIVIL RIGHTS, LAW AND LEGISLATION, TERRORISM, SEPARATION-OF-POWERS DOCTRINE, UNITED STATES, OBAMA, BARACK, FEINGOLD, RUSSELL D, BUSH, GEORGE W, CHENEY, DICK
Listening to Compromise
While the version of the Foreign Intelligence Surveillance Act that will come to the Senate floor this week is not perfect, the alternative could be far worse.
July 8, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, CIVIL RIGHTS, LAW AND LEGISLATION, TERRORISM, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, PRIVACY, UNITED STATES, SENATE, HOUSE OF REPRESENTATIVES, DEMOCRATIC PARTY, OBAMA, BARACK, NIXON, RICHARD MILHOUS, HOOVER, J EDGAR, KISSINGER, HENRY A
Compromising the Constitution
The Senate should reject a bill this week that would weaken the Foreign Intelligence Surveillance Act and expand the government’s ability to spy on Americans.
July 8, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, PRESIDENTIAL ELECTION OF 2008, EDITORIALS, ELECTION ISSUES, LAW AND LEGISLATION, TERRORISM, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, PRIVACY, UNITED STATES, SENATE, OBAMA, BARACK, MCCAIN, JOHN, BUSH, GEORGE W
A Political Agitator Finds a Double-Edged Weapon
Senator Barack Obama’s social networking Web site has become a source of organized criticism of some of the candidate’s positions.
July 6, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: PRESIDENTIAL ELECTION OF 2008, COMPUTERS AND THE INTERNET, OBAMA, BARACK
THE CAUCUS; A Post From Obama
Thousands of Sen Barack Obama's supporters have organized on Obama campaign Web site to attack his support of legislation to update Foreign Intelligence Surveillance Act; Obama, in written response on Web site, says government must have authority to collect intelligence we need to protect American people; photo
July 5, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, PRESIDENTIAL ELECTION OF 2008, ELECTION ISSUES, LAW AND LEGISLATION, TERRORISM, COMPUTERS AND THE INTERNET, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, UNITED STATES, OBAMA, BARACK
Judge Rejects Bush’s View on Wiretaps
A federal judge said that the wiretapping law established by Congress was the “exclusive” means for the president to eavesdrop on Americans, ruling out presidential authority to override that law.
July 3, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, PRESIDENTS AND PRESIDENCY (US), SUITS AND LITIGATION, TELEPHONES AND TELECOMMUNICATIONS, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, BUSH, GEORGE W, WALKER, VAUGHN R
Obama Voters Protest His Switch on Telecom Immunity
Thousands of Barack Obama’s backers are using the online organizing tools his campaign created to protest his recent support for expanding government surveillance powers.
July 2, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, IMMUNITY FROM PROSECUTION, PRESIDENTIAL ELECTION OF 2008, ELECTION ISSUES, BLOGS AND BLOGGING (INTERNET), LAW AND LEGISLATION, TELEPHONES AND TELECOMMUNICATIONS, TERRORISM, COMPUTERS AND THE INTERNET, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, PRIVACY, UNITED STATES, NATIONAL SECURITY AGENCY, OBAMA, BARACK, BUSH, GEORGE W
Congress Strikes Deal to Overhaul Wiretap Law
The deal reached by leaders in Congress overhauls the rules on the government’s wiretapping powers and provides some immunity to the phone companies.
June 20, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, UNITED STATES POLITICS AND GOVERNMENT, IMMUNITY FROM PROSECUTION, SUITS AND LITIGATION, LAW AND LEGISLATION, TELEPHONES AND TELECOMMUNICATIONS, TERRORISM, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, UNITED STATES, BUSH, GEORGE W
Mr. Bush v. the Bill of Rights
A proposed bill that would expand President Bush’s powers to spy on Americans without a court order is a threat to the Bill of Rights.
June 18, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, BILL OF RIGHTS (US), EDITORIALS, LAW AND LEGISLATION, TERRORISM, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, PRIVACY, UNITED STATES, BUSH, GEORGE W
Return to Old Spy Rules Is Seen as Deadline Nears
With Congress deadlocked over the government’s spy powers, more restrictive rules may return, leading some officials to worry about gaps in intelligence.
June 10, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, TERRORISM, NATIONAL SECURITY AGENCY, HOUSE OF REPRESENTATIVES, BOND, CHRISTOPHER S
The Intelligence Cover-Up
A good law like the House bill on electronic spying would allow Americans to finally see the breathtaking extent of President Bush’s lawless behavior.
March 16, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, IMMUNITY FROM PROSECUTION, EDITORIALS, CIVIL RIGHTS, LAW AND LEGISLATION, TELEPHONES AND TELECOMMUNICATIONS, TERRORISM, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, UNITED STATES, SENATE, HOUSE OF REPRESENTATIVES, BUSH, GEORGE W
House Steers Its Own Path on Wiretaps
House Democratic leaders are readying a proposal that would reject giving legal protection to the phone companies that helped in a wiretapping program.
March 11, 2008MORE ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) AND: SURVEILLANCE OF CITIZENS BY GOVERNMENT, UNITED STATES POLITICS AND GOVERNMENT, POLITICS AND GOVERNMENT, TELEPHONES AND TELECOMMUNICATIONS, WIRETAPPING AND OTHER EAVESDROPPING DEVICES AND METHODS, HOUSE OF REPRESENTATIVES, DEMOCRATIC PARTY
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