CRS Report: Overview of FISA

Two Congressional Research Service Reports on FISA were made available on OpenCrs today.

The first report provides a side-by-side comparison of three versions of the proposed amendments to the Foreign Intelligence Surveillance Act. Among the key differences are whether it is permissible to target "persons reasonably believed to be outside the U.S.," the use of judicial review for surveillance requests, and whether telecommunications companies can be held liable for (past and future actions) in providing information to the government.

The second report addresses the following three issues:
  • These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech;
  • [T]he need identified by the Director of National Intelligence (DNI), Admiral Mike McConnell, for the Intelligence Community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast paced, and technologically sophisticated international environment, and the differing approaches suggested to meet this need;
  • [L]imitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection.

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