Foreign Intelligence Surveillance Act (F.I.S.A.) court - Term Paper Example

Download file to see previous pages The particulars of such actions were in effect up until the early 1970s and it was the ‘Keith’ case that predominantly broke the shackles to such unfair means. In 1972 the Keith case was one of the major turnarounds that led to the development of FISA courts in the country. Technically speaking this particular legal case was between the United States’ government and a United States district court. The district court emphasized that an acting attorney general gave specific directive permission to carry out electronic wireless intelligence without a warrant on a US citizen accused of bombing a Central Intelligence Agency building. The Supreme Court firmly rejected the US government’s petition of claiming foreign intelligence on the per se warrant requirement but the court emphasized that according to the legislative structure and constituting to the fourth amendment it is uniquely prohibited to use of warrantless surveillance particularly directed at domestic threats to U.S. national security. The court however did not reach a general consensus on whether it is appropriate to target warrantless surveillance on foreign individuals and agents pertaining to other agencies but opened up a new line of thought for the executive council suggesting that it may be up to the latter body if and how they would significantly indulge in matters related to the mentioned entities and personnel. The Supreme Court however demanded that the congress issue a revised plan for a fool proof constitutional amendment that would ensure as a constitutional element for future electronic wireless surveillance of threats regarding the national security of the United States. Another event...
The paper tells that there are several fundamental aspects of the FISA warrants and it solely addresses to two particular fractions of people that may pose a potential threat to the national security of the United States. Firstly warrants are foremost issued to personnel that are categorized as a foreign power. Places or entities that succumb to such definitions may potentially include a foreign government, a diplomat; other representative or employee of a foreign government, a fraction of a foreign nation that is not substantially composed of US persons, an entity openly acknowledged by a foreign government to be directed and controlled by it, or a group engaged in international terrorism or activities in preparation therefore. The second defining figure that a FISA warrant can be issued to, are agents of foreign powers. These may fundamentally include any individual who is not a US person and works for a foreign power inside the united states or an individual who again may not be a US person but engaged in espionage intelligence gathering activities running from within any associated foreign power. However the FISA constitution does also recognize US citizen as also potential National security threats and a FISA warrant can be issued if for some reason they may be suspected with substantial defying evidence of engaging into espionage pertaining to compromising the national security of the United States or involved in clandestine intelligence gathering activities for a foreign power which activities constitute a violation of U.S. criminal statutes. ...Download file to see next pagesRead More