Foreign Intelligence Surveillance Act of 1978
The Foreign Intelligence Surveillance Act 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 power."
"The complexity of the problem must not be underestimated. Electronic surveillance can be a useful tool for the Government’s gathering of certain kinds of information; yet, if abused, it can also constitute a particularly indiscriminate and penetrating invasion of the privacy of our citizens. My objective over the past six years has been to reach some kind of fair balance that will protect the security of the United States without infringing on our citizens’ human liberties and rights."
Congressional Research Service, 7 December 2007 (pdf)
FISA created the Foreign Intelligence Surveillance Court. The court was originally composed of seven district judges, named by the Chief Justice of the US; they served a maximum of seven years. In 2001, the Patriot Act amended FISA to increase the number of judges to 11 and required that at least three of the judges "reside within 20 miles of the District of Columbia."
The Foreign Intelligence Surveillance Court of Review was created by the Foreign Intelligence Surveillance Act of 1978 to review applications that were denied by the FIS Court. The Court of Review is comprised of three judges, one of whom is designated as the presiding judge, named by the Chief Justice of the United States from the U.S. district or appellate courts. Judges serve a maximum of seven years and are not eligible for redesignation.
Each year, the Department of Justice reports to Congress on the number and status of government petitions under FISA. This chart provides a summary of those reports for calendar years 1979-2006.
There is a clear trend over time towards more requests for surveillance, with a doubling from 2000 to 2006. Also, prior to 2000, the FISA Court had not modified a single request; in 2006, the Court modified 73. The first year that the Court rejected an application was 1999.
Chief Bill Sponsor, Edward Kennedy
"The complexity of the problem must not be underestimated. Electronic surveillance can be a useful tool for the Government’s gathering of certain kinds of information; yet, if abused, it can also constitute a particularly indiscriminate and penetrating invasion of the privacy of our citizens. My objective over the past six years has been to reach some kind of fair balance that will protect the security of the United States without infringing on our citizens’ human liberties and rights."
Congressional Research Service, 7 December 2007 (pdf)
FISA Court
FISA created the Foreign Intelligence Surveillance Court. The court was originally composed of seven district judges, named by the Chief Justice of the US; they served a maximum of seven years. In 2001, the Patriot Act amended FISA to increase the number of judges to 11 and required that at least three of the judges "reside within 20 miles of the District of Columbia."
Court Membership
- Colleen Kollar-Kotelly, DC District Court, Presiding (appointed 5/19/2002)
- John D. Bates, DC District Court (appt. 2/22/2006)
- Dee Benson, Utah District Court (appt. 4/08/2004)
- Robert C. Broomfield, Arizona District Court (appt. 10/01/2002)
- James G. Carr, Northern Ohio District Court (appt. 5/19/2002)
- Nathaniel M. Gorton, Massachusetts District Court (appt. 5/18/2001)
- Malcolm Howard, North Carolina (appt. 5/19/2005)
- George P. Kazen, Southern Texas District (appt. 7/15/2003)
- Frederick J. Scullin, Jr, Northern New York District (appt. 5/19/2004)
- Roger Vinson, Northern Florida District (appt. 5/04/2006)
- Reggie B. Walton, DC District Court (appt. 5/19/2007)
Court of Review
The Foreign Intelligence Surveillance Court of Review was created by the Foreign Intelligence Surveillance Act of 1978 to review applications that were denied by the FIS Court. The Court of Review is comprised of three judges, one of whom is designated as the presiding judge, named by the Chief Justice of the United States from the U.S. district or appellate courts. Judges serve a maximum of seven years and are not eligible for redesignation.
- Edward Leavy, Ninth Circuit, Presiding (9/25/2001)
- Ralph K. Winter, Jr., Second Circuit (5/18/2003)
- Bruce M. Selya, First Circuit (8/08/2005)
Annual Reports
Each year, the Department of Justice reports to Congress on the number and status of government petitions under FISA. This chart provides a summary of those reports for calendar years 1979-2006.
There is a clear trend over time towards more requests for surveillance, with a doubling from 2000 to 2006. Also, prior to 2000, the FISA Court had not modified a single request; in 2006, the Court modified 73. The first year that the Court rejected an application was 1999.