The Foreign Intelligence Surveillance Act (FISA) is a United States federal law enacted in 1978, which establishes procedures for the physical and electronic [[surveillance]] and collection of "foreign [[intelligence]] information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism. FISA was created in response to concerns about government abuse of surveillance powers, following revelations of domestic spying by the U.S. intelligence community in the 1970s. FISA is important because it provides a legal framework for the U.S. government to obtain intelligence information related to foreign powers and their agents while safeguarding the privacy rights of U.S. citizens. ## Key aspects of FISA 1. **FISA Court**: The law created a special court, the Foreign Intelligence Surveillance Court (FISC), composed of 11 federal judges appointed by the Chief Justice of the United States. The FISC is responsible for reviewing and approving requests for surveillance warrants by federal law enforcement and intelligence agencies. 2. **Warrant process**: To obtain a FISA warrant, the government must demonstrate probable cause that the target is a foreign power or an agent of a foreign power. Additionally, the government must provide evidence that the information sought is relevant to national security. Unlike regular criminal warrants, FISA warrants do not require the government to show probable cause of criminal activity. 3. **Targeting U.S. persons**: FISA allows surveillance of U.S. citizens and permanent residents only if they are suspected of being agents of a foreign power. To target a U.S. person, the government must obtain a FISA warrant based on probable cause and demonstrate that the target is acting on behalf of a foreign power. 4. **Minimization procedures**: FISA requires the government to implement procedures to minimize the collection, retention, and dissemination of information about U.S. persons that is not relevant to foreign intelligence. 5. **Amendments and controversies**: FISA has been amended several times since its inception, most notably by the USA PATRIOT Act in 2001 and the FISA Amendments Act of 2008. These amendments expanded the government's surveillance powers and led to controversies over privacy rights, government overreach, and the potential for abuse of these expanded powers. 6. **Section 702**: One of the most controversial provisions of FISA is Section 702, added by the FISA Amendments Act of 2008. This section allows the government to target non-U.S. persons reasonably believed to be located outside the United States for the purpose of acquiring foreign intelligence information, without obtaining individualized warrants. Critics argue that this provision allows for "backdoor" surveillance of U.S. citizens, as their communications might be incidentally collected when in contact with non-U.S. targets. FISA remains a contentious topic in the United States, with ongoing debates about balancing national security interests against individual privacy rights.