The Foreign Intelligence Surveillance Act - Essay Example

means on the soil of the United States of America. The collection of information was initially from ‘foreign powers’ and ‘agents of foreign powers’ and the jurisdiction of the law extended to American Citizens and permanent residents of the United States suspected of violating US law or engaging in activities like espionage against the US government. (Jaeger, 2003) Foreign Intelligence information, in context of the FISA means and entails information necessary to protect the United States against potential or actual attack and/or sabotage or acts of international terrorism.

Under FISA was also established the United States Foreign Intelligence Surveillance Court, a special U.S. Federal court that holds nonpublic hearings in order to issue search warrants under FISA. Proceedings before the FISC are ex parte, implying that the government is the only part present. However, in the year 2001, an important Amendment was made to the Act under the USA PATRIOT Act in order to encompass terrorist groups who don’t work on behalf of any foreign Governments and are essentially, Non-State actors engaging in activities, the likes of espionage on foreign soil.

(Del, 2010) Let us delve into the ordinary article III warrant that is issued for the American nationals residing in the United States of America. There are certain steps and procedures that need to be followed in order for this warrant to be effectively executed without any illegal mishaps. First the police officer and the municipal judge need to be sure that there has been a certain violation of the law only after which the municipal judge can take out a search warrant to investigate the probable crime scene.

For the execution of the warrant, nuanced details need to be taken care of such as any property that is seized should be taken in exchange for a receipt made in the name of the owner. Timeline is an important factor as the warrants issued need to be executed in the ten days after the issue is made. (Del, 2010) The primary difference between warrants issued under article III and under FISA is the probable cause requirement. As compared to an ordinary warrant which entails for an agent seeking it to prove past or present criminal activity and potential threat in the future, the warrants under FISA are issued when it is proven that the target is an agent of a foreign power or engaged in international terrorism.

Thus we need to understand the fact that the probable cause requirement mentioned in the Foreign Intelligence Surveillance Act corresponds to the agent just having to be proved to be a foreigner who is engaged in agent related activities. Once this is proven the agent can then be put on surveillance in order to gauge as much information as possible which would be of use or no use to the United States of America. Keeping this in mind and contrasting it with the article III warrant we see that in order to for this warrant to be issued, a long administrative process in undertaken so that first it is ascertained that for what