CRS Report on FISA Changes
The Congressional Research Service issued a report on August 23rd (and made available today by Secrecy News/Federation of American Scientists) that explains the modifications to FISA as passed by Congress in the "Protect America Act of 2007."
In short, the Act (according to CRS):
* Limits the construction of the term “electronic surveillance” so that it does not cover surveillance directed at a person reasonably believed to be located outside the United States.
* Creates a mechanism for acquisition, without a court order under a certification by the Director of National Intelligence (DNI) and the Attorney General, of foreign intelligence information concerning a person reasonably believed to be outside the United States.* Provides for review by the Foreign Intelligence Surveillance Court (FISC) of the procedures by which the DNI and the Attorney General determine that such acquisitions do not constitute electronic surveillance.
* Authorizes the Attorney General and the DNI to direct a person with access to the communications involved to furnish aid to the government to facilitate such acquisitions, and provides a means by which the legality of such a directive may be reviewed by the FISC petition review pool.