Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on May 27, 2011. The three sun-setting amendments expanded the scope of federal intelligence gathering authority following the 9/11 terrorist attacks. Contents of this report: (1) Overview; (2) Background: Distinction Between FISA Court Orders and Warrants in Criminal Investigations; Distinction Between FISA Court Orders and National Security Letters; Expiring FISA Amendments; "Lone Wolf" Terrorists; Roving Wiretaps; Access to Business Records Under FISA; (3) Effect of Sunset Provisions; (4) Legislative Proposals in the 112th Congress. This is a print on demand edition of an important, hard-to-find publication.
The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent bipartisan agency within the executive branch established by the Implementing Recommendations of the 9/11 Commission Act of 2007. The Board is comprised of four part-time members and a full-time chairman, all appointed by the President and confirmed by the Senate. On June 5, 2013, the British newspaper The Guardian published the first of a series of articles based on unauthorized disclosures of classified documents by Edward Snowden, a contractor for the National Security Agency ("NSA"). The article described an NSA program to collect millions of telephone records, including records about purely domestic calls. Over the course of the next several days, there were additional articles regarding this program as well as another NSA program referred to in leaked documents as "PRISM." These disclosures caused a great deal of concern both over the extent to which they damaged national security and over the nature and scope of the surveillance programs they purported to reveal. In response to the congressional and presidential requests, the Board immediately initiated a study of the 215 and 702 programs and the operation of the FISA court. This Report contains the results of the Board's 215 program study as well as our analysis and recommendations regarding the FISC's operation.
Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.
The FBI is the lead federal law enforce. agency (LEA) charged with counterterrorism invest. Since the 9/11 attacks, the FBI has implemented a series of reforms intended to transform itself from a largely reactive LEA focused on invest. of criminal activity into a more proactive, agile, flexible, and intelligence-driven agency that can prevent acts of terrorism. This report provides background info. on key elements of the FBI terrorism invest. process. Contents: Intro.; Enhanced Invest. Authorities, Tools, and Capabilities: USA PATRIOT Act: Revised Attorney General Guidelines; Joint Terrorism Task Forces; Intelligence Reform; Terrorism Prevention and Proactive Invest.; Balancing Civil Liberties against Terrorism Prevention. A print on demand report.
Building on Goldman’s Words of Intelligence and Maret’s On Their Own Terms this is a one-stop reference tool for anyone studying and working in intelligence, security, and information policy. This comprehensive resource defines key terms of the theoretical, conceptual, and organizational aspects of intelligence and national security information policy. It explains security classifications, surveillance, risk, technology, as well as intelligence operations, strategies, boards and organizations, and methodologies. It also defines terms created by the U.S. legislative, regulatory, and policy process, and routinized by various branches of the U.S. government. These terms pertain to federal procedures, policies, and practices involving the information life cycle, national security controls over information, and collection and analysis of intelligence information. This work is intended for intelligence students and professionals at all levels, as well as information science students dealing with such issues as the Freedom of Information Act.
