Foreign Intelligence Surveillance Act

The Foreign Intelligence Surveillance Act (FISA) of 1978 prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States on behalf of a foreign government.

The Act created the Foreign Intelligence Surveillance Court and enabled it to oversee requests for surveillance warrants by federal police agencies (primarily the F.B.I.) against suspected foreign intelligence agents inside the U.S.

FISA allowed for:

• Electronic Surveillance
• Physical Seaches
• Pen Registers and Trap & Trace Devices for Foreign Intelligence Purposes
• Access to certain Business Records for Foreign Intelligence Purposes

The provisions of the act were enhanced by the USA Act of 2001, primarily to include terrorism on behalf of groups that are not specifically backed by a foreign government. The USA Act was quickly incorporated in the more commonly known USA PATRIOT Act, also passed in 2001.