Amendment of the constitution probable cause that a

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Amendment of the Constitution, probable cause that a crime has been or is beingcommitted is required to obtain a search warrant. However, under FISA, surveillance isauthorized upon finding probable cause that the target of the surveillance is of a foreignpower or acting on behalf of a foreign power. Although, “if the target is a "U.S. person,"there must be probable cause to believe that the U.S. person's activities may involveespionage or other similar conduct in violation of the criminal statutes of the UnitedStates. Nor may a U.S. person be determined to be an agent of a foreign power” solelyupon the basis of activities protected by the first amendment to the Constitution of theUnited States."5The FISA Amendment Act of 2008, which provides FISA with thepowers required to combat modern day issues, is often challenged as a violation ofother Constitutional rights and has even been compared to the East German Stasi.6FISA covers many aspects of surveillance, but the major provisions are____________________________________________4 "The Foreign Intelligence Surveillance Act of 1978," The Foreign Intelligence Surveillance Act of 1978, accessed August 28, 2016,.5 Ibid.6 Christian Caryl, "Secret Police State," Foreign Policy Secret Police State Comments, June 14, 2013, accessed August 28, 2016,.
4electronic surveillance, physical searches, pen registers and trap & trace devices forforeign intelligence purposes, access to certain business records for foreign intelligencepurposes, and reporting requirements. A warrant is not required for intelligenceagencies to collect information pertaining to foreign enemies or terrorists throughelectronic communications that takes place outside of the U.S. However, wheneverelectronic communication takes place within the U.S., intelligence agencies are requiredto adhere to FISA. U.S. citizens, legal residents and U.S. corporations are free from theperformance of illegal search(s) and seizure(s) due to the Fourth Amendment, which iswhy FISA has numerous requirements for the protection of civil liberties while allowingfor the surveillance of U.S. persons.7Although the surveillance of U.S. persons isauthorized with FISA, the collection of information that is not directly applicable to thespecified target must be minimized. Also, physical searches under FISA follow a verysimilar structure of that used for electronic surveillance and procedures for theminimization of collected information not pertaining to the specific target must befollowed.8Furthermore, pen registers and trap & trace devices are a large part of FISA.Prior to the Patriot Act, FISA was exempt from laws pertaining to the procurement ofinformation via the use of pen registers and trap & trace devices (dialing, routing,addressing, signal information, etc.) as long as the information collected did not includeactual content. However, section 214 of the Patriot Act has removed the requirement forthe government to prove that the target is an agent for foreign power(s). Moreover,

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Term
Spring
Professor
KEMP
Tags
The American, United States Congress, Federal government of the United States, United States federal courts, FISA, Intelligence Surveillance Act

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