FISA (S. 1566)

Summary

Creates rules and a secret court for the government to spy on foreign powers or their agents inside the United States to gather intelligence.

What problem does this solve?

Before this law, there were no clear rules for spying on foreign agents in the U.S., which could harm people's privacy. This act creates a special court and set of rules to make sure surveillance is done legally and with oversight.

What does this law do?

Establishes a secret surveillance court

Creates a new court made of federal judges to secretly review and approve government requests for electronic surveillance for foreign intelligence.

Defines rules for surveillance applications

Requires federal officers to get the Attorney General's approval and submit a detailed written application to the court to get a surveillance order.

Allows some spying without a court order

Permits the President, through the Attorney General, to authorize surveillance for up to one year without a court order if it only targets foreign powers and is unlikely to spy on any U.S. person.

Sets up emergency surveillance powers

Allows the Attorney General to approve emergency electronic surveillance for up to 24 hours without a court order if there is no time to get one.

Creates penalties for illegal spying

Makes it a crime, punishable by up to $10,000 or five years in prison, to conduct illegal electronic surveillance or to share information from it.

Allows people to sue for illegal surveillance

Gives people who were illegally spied on the right to sue for money, including at least $1,000 in damages.

Authorizes surveillance during wartime

Lets the President authorize electronic surveillance without a court order for up to 15 days after Congress declares war.

Who does this affect?

U.S. persons suspected of being agents of foreign powers
Foreign governments and organizations operating in the U.S.
U.S. intelligence and law enforcement agencies

What is the real world impact?

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Creates a secret judicial process

Establishes a special court that hears government requests in secret. This lack of public access and debate leads to criticism that it may approve surveillance without enough challenge or oversight.

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Balances national security with privacy rights

Creates a legal process for the government to gather foreign intelligence while protecting U.S. persons from unreasonable surveillance. It sets up rules and requires court approval for most spying.

When does this start?

This law became effective on October 25, 1978, but gave a 90-day grace period for existing surveillance to get court approval.

Grace period for existing surveillance

Any electronic surveillance already approved by the Attorney General must be stopped or get a new court order under this law within 90 days of the first judge being appointed to the new court.