Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 - Background

Background

Warrantless wiretapping by the National Security Agency (NSA) was revealed publicly in late 2005 by the New York Times and then discontinued in January 2007. See Letter from Attorney-General Alberto Gonzalez to Senators Patrick Leahy and Arlen Specter, CONG. REC. S646-S647 (Jan. 17, 2007). Approximately forty lawsuits have been filed against telecommunications companies by groups and individuals alleging that the Bush administration illegally monitored their phone calls or e-mails. Whistleblower evidence suggests that AT&T was complicit in the NSA's warrantless surveillance, which could have involved the private communications of millions of Americans. The Foreign Intelligence Surveillance Act makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both. In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using, or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both.

The FISA Amendments Act also added a new Title VII to FISA which contained provisions similar, but not identical, to provisions in the Protect America Act of 2007 which had expired earlier in 2008. The new provisions in Title VII of FISA are scheduled to expire on December 31, 2012. On December 29, 2012, the U.S. Senate voted by a margin of 73 to 23 to extend the FISA Amendments Act for five years (until December 31, 2017) which renews the U.S. government's authority to monitor electronic communications of foreigners abroad.