The Foreign Intelligence surveillance Act has come over heated debates lately especially with regards to treatment of American and foreign citizens in overseas countries. A clear elaboration of the appropriateness and jurisdiction of the Act has often eluded most people. This…
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The specified Act entails the use of information concerning foreign intelligence surveillance. Federal officers and employees may disclose the first part of the section states that information acquired from electronic surveillance intended to be in accordance with the Act2. Such disclosure does not necessarily require the consent of the United States person, for instance, as long as it is within the minimization procedures that are required by this title. Otherwise, any other communication that is obtained in violation or not in accordance with the Act shall be viable. The implication behind this is that no other information that is acquired from electronic surveillance with respect to the same title shall be used or even disclosed by Federal officers except only for justified, lawful reasons.
The second subsection of the same section asserts that the information acquired in pursuance of the first title shall only be disclosed if and only if a statement accompanies the disclosure that warrants the disclosure. Such a warrant should be assented by the Attorney General whose office acknowledges the information to be used for criminal proceedings in a court of law. With such an airtight system leaks of crucial information is withheld purely on a need to know basis ensuring that the well-being of the Country at large is maintained.
In the event that the state desires to enter into evidence which might require an aggrieved person to disclose or withhold part of information as recorded through electronic surveillance, it will issue a notice directing so via a court of law or any other relevant regulatory body in that respect. The aggrieved person will also be notified with regards to the same disclosure of the specified information. Furthermore, this provision enforces the safety of information, barring the spread of propaganda that might otherwise be harmful to the wellbeing of the government or the country at large as such statements of
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(Foreign Intelligence Surveillance Act Essay Example | Topics and Well Written Essays - 1000 Words - 1)
“Foreign Intelligence Surveillance Act Essay Example | Topics and Well Written Essays - 1000 Words - 1”, n.d. https://studentshare.org/social-science/1658171-foreign-intelligence-surveillance-act.
The study is a highlighting view on the constitutional aspects for the FISA developed in 1978. This paper seeks how and when this particular piece of law was developed and what specifically led, be it events or cases, to the construction of the FISA. Some details regarding the ‘Keith’ case would also be discussed and how all these gave birth to the constitutional powers embedded in this act alone.
Foreign intelligence organizations mainly focus on operations outside their countries. They mainly collect secret information about what the foreign states are capable of. The external services may include technical, civilian or military operations. Some of the external services include the CIA, the Russian GFR, Britain’s secret intelligence service (SIS), among others.1 The seven states, China, Russia, Cuba, North Korea, Pakistan, Israel, and Iran have over time been considered as threats to the national interests of the United States.
The FISA legislation came as the result of the Congress’s investigations into Federal surveillance activities that were conducted in the name of national security. Through the FISA, Congress sought to provide judicial and congressional oversight of foreign intelligence surveillance activities but also maintaining the secrecy and confidentiality of procedures when dealing with matters of National security. Many amendments have been made to the Act over the years but the crux of it remains the prescription of procedures for collection of foreign intelligence information through physical (use of pen registers, trap and trace devices and physical searches and business records) or electronic
After the terrorist attacks on the United States of America on 11th September 2001, the government has used the threat of terrorism to spy on other countries, as well as its own citizens. For example after the attacks the then president, George W Bush ordered the National Security Agency to spy on people who were considered as “threats to national security”.
To effectively combat terrorism and provide a significant degree of protection against terrorist acts it is important to understand the nature and motivation for terrorism. This will help in identifying potential targets of the terrorists. For example, an animal research facility may have value to animal rights activists and it would help their security to understand the organizations that may pose a threat.
The motivation of the terrorist, and their goals, will give an indication of their potential targets, and may also reveal the methods that can be anticipated. Understanding the organizations that promote eco-terrorism can alert law enforcement and private businesses to be pro-active in mitigating the terrorist threat.
However, with the pressure of flawless national security, there emerged the challenge of maintaining a balance between civil liberties and government instructions.
September 11, 2001(9/11) can be regarded as a
includes warrantless practices like domestic wiretapping of phones, tracking of messages from the Internet, and high dependency over the use of Foreign Intelligence Surveillance Act (F.I.S.A.) search warrants.
To avoid international terrorism against the United States, the