Scribd
Upload
56 views4 pages

Notes 11192011 Test 4

The document discusses and compares the Foreign Intelligence Surveillance Act (FISA) and the Patriot Act. FISA was created in 1978 to allow surveillance of foreign spies and terrorists, with oversight from the secret FISA courts. The Patriot Act amended FISA after 9/11 to expand surveillance powers. While most FISA applications are approved, some argue it allows overly broad surveillance with little accountability.

Uploaded by

yimy022
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
56 views4 pages

Notes 11192011 Test 4

The document discusses and compares the Foreign Intelligence Surveillance Act (FISA) and the Patriot Act. FISA was created in 1978 to allow surveillance of foreign spies and terrorists, with oversight from the secret FISA courts. The Patriot Act amended FISA after 9/11 to expand surveillance powers. While most FISA applications are approved, some argue it allows overly broad surveillance with little accountability.

Uploaded by

yimy022
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 4

Notes: November 19th, 2011 FISA- Foreign Intelligence Surveillance Act created 1978 similar to the Patriot Act

Patriot Act is an amendment to FISA- Patriot Act is more recent Patriot Act is less used than the FISA per year People think that the Patriots Act steals people rights more than the FISA Ted Kennedy was one of the biggest defendants of the FISA and the Universal Health Care If you dont like the Patriots Act you will like FISA less

Reasons FISA was created: 1. Cold War with the Soviet Union (1978)- the US was afraid of spies so a statute is created so that we can watch spies. 2. Tangent in the middle East- some American get kidnapped, planes high jacked, terrorist threats- a statute is created to watch potential terrorists 3. Among certain people- there is a general distrust with the American government, people are concern about their freedom- a statue is created to have a separate court system (FISA court system) FISA Court System VS US Court System US Supreme Court FISA Court of Review FISA Court (FISC) US Supreme Court US Circuit Court US District Court

FISA Court- the word court is used very lightly because it really isnt like a court. - There is a plaintiff which is the Federal Government - Attorney for the plaintiff - Panel of Judges - There is no defendant, no atty for the defendant, no jury, no media, no casual observers, they do not decide guilty or innocent, they only deny or approve applications for surveillance. - Evidence found in a FISA court is not sent back to them, it goes to another court like D.C., Military Court, etc. - Located in Washington DC in the Department of Justice, closed windows, armed guard outside the door. - Most of the time, there is not name it is just a description of one suspect they are looking for, etc.

FISA court - There are 11 judges 3 of which have to live within a 20 mile radius from DC - They are appointed by John Roberts - They get picked in staggered terms - They serve one seven year - The judges picked are District Court Judges who get to keep their jobs as district judges since this court only meets once a month - They get two salaries at the same time FISA Court of Review - Also picked by the Chief Justice - Judges come from District Court and Circuit Courts - 3 judges total - One judge is name chief presiding- head judge of that court US S.C- same, people serve for life etc Application for Surveillance - Done by the Federal officers like FBI or CIA, etc - Requires approval of atty general (Dept of Justice)- head of the department has to sign it off - Application process requires: Name of the Federal office requesting surveillance Identification of the target How long the surveillance will last Statute does make distinction between citizens and noncitizens Citizens 90days Noncitizens- for life if necessary How do you plan to conduct the surveillance under this statute physical surveillance was not allowed until recently Have to identify whether the individual is a foreign agent or an agent of a foreign agent to have it approved Purpose: - A significant purpose of surveillance is to acquire foreign intelligence information Statute to protect Civil Liberties: - If the status is abused there are penalties - Up to $10,000.00 fine and/or 5 years in federal prison - The usually have a whistle blower to enforce this part - Victims can recover up to ~300,000.00 in attys fees and $100.00/per day of surveillance and up to $1000.00 whichever is higher. - If congress declares war the president of the United States can request surveillance without need of an application for as long as 15 days.

Amendment Executive Order 12949 (1998) - Under president Clinton - Allows FISA to include physical searches - Relatively short straightforward - Some people would argue that you could take unrelated evidence and take it to a federal court even though it was done under FISA - The information is considered Top Secret and only the judge can look at it and make a decision - The person is not allowed to defend himself because the person does not even know what charges they are pressing - Potential abuse Using FISA- Nickname Rubber Stamp - First 20 years 1978-1998 10,000 applications were filled, none denied. - 2002 first application was denied - FISA Court of appeals did not get used until 2002 ($200,000.00 salaries wasted) - This application died there in the court of appeals - Since 2002 a total of 5 applications have been denied - Not a single one has gone to the S.C Federal Court Opinion - says that FISA is not unconstitutional because it is protected under the national security issue - no appeals to the US SC - only the decision of 2002 was released without many details Congressional Oversight Report about FISA - first decade about page - late 80s , early and mid 90s 1 page long - 2000s about two pages long Details Released: - # of applications (500 this year) - # of applications approved - # of applications denied - Even congress is kept in the dark - Since 1998 another 20,000 application have been submitted in 30+ years - ~500 cases per year every year - Closer to 1000 since 9/11 between 1500-2000 - Patriot Act ~ 250-400/year Example of Arguable abuse: - congressman email how under FISA they requested to watch non-terrorist and see who he came in contact with monitoring his cell phone - he changed cell phone carried and his number was assigned to another person - FISA stayed monitoring the other persons phone for two months

Chapter 19- Making Foreign Policy and Defense Policy


Foreign policy - as a whole is clearly a federal power not a state power - divided into president (Dominant) and Congress - courts role is very limited (SC decides over foreign treaties) - over time (P) has become key player - concent of the congress has become less and less necessary as the president takes advantage of the executive agreements which do not need the consent of the congress - congress has power to declare war (have not declared war since WWII ) War Powers Act of 1973 - gives the president the ability to commit the US troops into hostile situations for a period of up to 60 days - gets an additional 30 days to take them out - 90 days not enough for a full invasion without the concent of the congress - After 90 days he has to get their approval - Intend is good- as it would take too long for the congress to agree on something and the president might not be able to react on time on something - P since 1973 they honor that part of the statute but every president have ignored the part were they ask for permission form the congress, statute is not enforced at all United Nations - league of nations did not work out - security counsel in the UN - has permanent and non permanent members - permanent: The US, Great Britain, France, China, Russia - is a relatively weak organization because they not always agree on everything - The US, Great Britain and France oppose to the opinions of Russia and China Elites in America - wealthy and educated tend to favor interventions- foreign wars - everybody else tend to be in favor of isolation

You might also like