Modernization of FISA

Paper Summary:

This paper evaluates the historical development of the Foreign Intelligence Surveillance Act (FISA). The paper highlights the limitations of the Act and suggests that without recent legislative changes--such as the Patriot Act (2001) and the Terrorist Surveillance Program of 2006--the Act was significantly deficient in providing useful intelligence for counterterrorism efforts.

Table of Contents:
Introduction
What is FISA?
Olmstead v. U.S. (1928)
Katz v. U.S. (1967)
U.S. v. U.S. (1972)
1994 Amendment
PATRIOT ACT
NSA Surveillance Program
Conclusion

From the Paper:

"There can be little doubt that FISA must be changed and modernized, in order to more effectively combat the threat of international terrorism and ensure the security of the nation. Dra-matic changes in communication technologies in the last thirty years have made many of the pre-conceptions FISA was based on utterly obsolete. Without adapting to the changes in technology, as well as changes in the sources of threats to national security, FISA might be reduced to little more than another anachronistic law. It is important, then, that FISA be critically examined and updated so that it can better respond to the threat of international terrorism and the means of communication that terrorists will inevitable utilize to further their goals."

Sample of Sources Used:

• Fein, B. (2007, March). Presidential authority to gather foreign intelligence. Presidential Studies Quarterly, 37(1), pp. 23-36.
• Katz v. United States. (1967). FindLaw for Legal Professionals. Retrieved March 25, 2008, from http://laws.findlaw.com/us/389/347.html
• Malooly, D.J. (1998, Winter). Physical searches under FISA: a constitutional analysis. American Criminal Law Review, 35(2), pp. 411-424.
• Olmstead v. United States (1928). The Oyez Project. Retrieved March 25, 2008, from http://www.oyez.org/cases/1901-1939/1927/1927_493/
• Tein, L. (2001, September 27). Foreign Intelligence Surveillance Act: frequently asked questions (and answers). Electronic Frontier Foundation. Retrieved March 25, 2008, from http://w2.eff.org/Censorship/Terrorism)militias/fisa_faq.html

More papers on Modernization of FISA:

• Book Review # 108094 : "Martin Melosi's "Thomas A Edison and the Modernization of America"
• Analytical Essay # 108388 : "The Protect America Act"
• Analytical Essay # 143085 : "Police Community Relations and Homeland Security Laws"

APA Citation:

MLA Citation: