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

Provisions

Specifically, the Act:

• Prohibits the individual states from investigating, sanctioning of, or requiring disclosure by complicit telecoms or other persons.
• Permits the government not to keep records of searches, and destroy existing records (it requires them to keep the records for a period of 10 years).
• Protects telecommunications companies from lawsuits for "'past or future cooperation' with federal law enforcement authorities and will assist the intelligence community in determining the plans of terrorists". Immunity is given by a certification process, which can be overturned by a court on specific grounds.
• Removes requirements for detailed descriptions of the nature of information or property targeted by the surveillance if the target is reasonably believed to be outside the country.
• Increased the time for warrantless surveillance from 48 hours to 7 days, if the FISA court is notified and receives an application, specific officials sign the emergency notification, and relates to an American located outside of the United States with probable cause they are an agent of a foreign power. After 7 days, if the court denies or does not review the application, the information obtained cannot be offered as evidence. If the United States Attorney General believes the information shows threat of death or bodily harm, they can try to offer the information as evidence in future proceedings.
• Permits the Director of National Intelligence and the Attorney General to jointly authorize warrantless electronic surveillance, for one-year periods, targeted at a foreigner who is abroad. This provision will sunset on December 31, 2012.
• Requires FISA court permission to target wiretaps at Americans who are overseas.
• Requires government agencies to cease warranted surveillance of a targeted American who is abroad if said person enters the United States. (However, said surveillance may resume if it is reasonably believed that the person has left the States.)
• Prohibits targeting a foreigner to eavesdrop on an American's calls or e-mails without court approval.
• Allows the FISA court 30 days to review existing but expiring surveillance orders before renewing them.
• Allows eavesdropping in emergencies without court approval, provided the government files required papers within a week.
• Prohibits the government from invoking war powers or other authorities to supersede surveillance rules in the future.
• Requires the Inspectors General of all intelligence agencies involved in the President's Surveillance Program to "complete a comprehensive review" and report within one year