The Role Of The Foreign Intelligence Surveillance Court

Today, Canadian’s lives today are as translucent as ever. Most organizations especially the government constantly watches each and every one of our moves. By definition, surveillance is any systematic focus on any information in order to influence, manage, entitle, or control those whose information is collected. (Bennet et Al, 6). From driving to the shopping mall to withdrawing money from the ATM machine, Canadians are being watched constantly. With Canada’s commitment to advance technology and infrastructure in the 1960s, government surveillance is much easier and much more prevalent than it was hundreds of years ago. Even as early as 1940s, the Dominion Bureau of Statistics used punch cards and machines to determine who is available

The Foreign Intelligence Surveillance Act (FISA) was originally enacted to protect entities from abuse of surveillance for national security reasons. FISA contains policies associated with the process of gathering foreign intelligence by the intelligence community for national security reasons (Addicott & McCaul, 2008, p. 46-47). FISA also consisted of a secret court, known as the Foreign Intelligence Surveillance Court (FISC), which had eleven unnamed federal judges who issued warrants regarding surveillance or searches for the intelligence community, and a court review board, which consisted of three federal judges who reviewed the actions of the secret court. After the passing of the Patriot Act by the Bush Administration, the NSA was essentially given full authority to collect information on citizens without a warrant, thereby circumventing the FISC, and Bush fully defended the NSA, stating “‘The activities I have authorized make it more likely that killers like these 9/11 hijackers will be identified and located in time.’” (Schwartz 2009

One beautiful morning in September 2001 many people went about their day like they have before. Some off to work, or traveling for business, or to visit family, and in a blink of an eye our lives in America changed forever. We were attacked, on our own soil, not once, but four times. That fourth plane didn’t make it to its destination, thanks to the brave souls aboard that sacrificed their lives to save others. On that fateful day 2,753(NYmag) families would never be the same, as well as the rest of us that watch in disbelief. The attacks on September 11th 2001 led to something called the Patriot Act. In the days after 9/11 Congress hurried to pass a bill to give law-enforcement agencies the power to fight domestic terrorism. On October 26, President George W. Bush signed three hundred page USA Patriot Act into law (Crf.org). The USA Patriot Act of 2001 was created to prevent and catch terrorist in the United States and around the world. The contents of it has been one of great controversy in the rights of our privacy and the violation of our constitutional rights. Can we give up too much freedom to keep us safe? Where do we draw the line to keep our Country safe?

     The United States of America is a country that is based upon a principle of balancing the rights of an individual, while still preserving public order. The U.S. Constitution (specifically the Bill of Rights) guarantees every American certain Individual rights. Some of these rights include; freedom from unreasonable search and seizures, a right to due process of law, and protection against cruel and unusual punishment (The 4th, 5th and 8th Amendments). Historically the criminal justice system has preserved these rights of peopled accused of crimes. However on September 11, 2001, the United States became the victim of the largest terrorist attack the World has ever seen. According to Schmalleger in 2003, that

Several weeks after the horrible terrorist attacks on September 11, 2001, The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act was rushed through Congress by Attorney General, John Ashcroft. This particular Act, however, was established with a ruling hand of fear. Life for Americans changed dramatically in those immediate days, weeks, and months after the attack. America had been spoiled with luxury for so long, that the illusion of control had ingrained itself into our very nature as Americans. That act of terror, on September 11, 2001, brought that belief crashing down, almost immediately. Fear and anger were rampant though out America; a dangerous

Another pro of FISA, and the applicable amendments that followed, is the ability for electronic surveillance to be conducted without a court order for a designated length of time to better facilitate collection and streamline the process under USC. 1802, Sec 102. There are, of course, steps required by high ranking officials, the President and Attorney General, which must be taken to conduct such surveillance without a court order. Also, the criteria to conduct the surveillance is restricted specifically to communications exclusively between foreign powers and must not include “substantial likelihood” that the surveillance will acquire communications pertaining to a United States Person. [4] While the appropriate legal process should always be followed, this provision is necessary at times to bypass the lengthy legal process for obtaining a court order when time restrictions apply.

Technology has affected the field of justice studies in many ways. After the events of September 11th 2001, technology has had an even greater impact on the field of justice studies. Rapidly advancing technology has made surveillance cheaper and easier to conceal. Tools such as wiretapping, surveillance for e-mails, and other forms of surveillance tools that were before a violation of peoples' right to privacy, are now allowed to be used without probable cause. These tools now allow the FBI to find terrorists before they commit their act of violence. These surveillance tools that are now allowed to be used by the FBI were passed under the USA Patriot Act. Given that the USA Patriot Act now allows the FBI to look through what many

The Foreign Intelligence Surveillance Act of 1978 was a necessary measure signed by President Jimmy Carter in an effort to stop the CIA, FBI, NSA, and other executive powers from conducting warrantless wiretaps of domestic groups for so-called national security purposes. This was necessary because findings by the Church Committee in the early 1970s suggested that warrantless wiretapping had been going on for quite some time by these government entities and was exacerbated by President Nixon and the Watergate scandal. This bill not only set a future precedent for how surveillance should be conducted, but also attempted to set a standard for what “good” and “bad” surveillance were defined as. FISA did not face any substantial challenges

The United States government changed the face of computer and internet use when it signed the USA Patriot Act on October 26, 2001. This act was created in the wake of the terrorist attacks in New York City on September 11 that same year. Many people believe that this act is a good thing and will help in defense against any future attacks. What most people do not know, however, is the effect of this act on the more general public. This includes individual people, public libraries, colleges and universities, and even trucking or hauling companies.

September 11, 2001 sparked many different feelings into the hearts of Americans. People sprang into action to seek revenge and protect America’s precious soils from another deadly attack by reinforcing America’s strength through her government. The men and women of Congress retaliated to the terrorist attacks by drafting and passing the USA PATRIOT Act on October 26, 2001, which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.” The bill was moved through Congress with amazing speed and little hesitation. After the passing, the unsuspecting citizens of America were bombarded with many new rules and regulations that

Another week, another series of patches to download from Microsoft. It seems like every week, Microsoft is under siege from one virus or another. The complexity in the billions of lines of code embedded in its products make it impossible to be error-free. If it is this easy for hot-headed M$ haters to breach the world’s largest software maker, one has to ask: how hard would it be to expose vulnerabilities in the most sophisticated and technologically dependent country in the world?

Privacy is what allows people to feel secure in their surroundings. With privacy, one is allowed to withhold or distribute the information they want by choice, but the ability to have that choice is being violated in today’s society. Benjamin Franklin once said, “He who sacrifices freedom or liberty will eventually have neither.” And that’s the unfortunate truth that is and has occurred in recent years. Privacy, especially in such a fast paced moving world, is extremely vital yet is extremely violated, as recently discovered the NSA has been spying on U.S. citizens for quite a while now; based on the Fourth Amendment, the risk of leaked and distorted individual information, as well as vulnerability to lack of anonymity.

Ever since the American public was made aware of the United States government’s surveillance policies, it has been a hotly debated issue across the nation. In 2013, it was revealed that the NSA had, for some time, been collecting data on American citizens, in terms of everything from their Internet history to their phone records. When the story broke, it was a huge talking point, not only across the country, but also throughout the world. The man who introduced Americans to this idea was Edward Snowden.

After the devastating attacks on the United States on September 11, 2001, this country scrambled to take action to provide future protection. New techniques had to be developed to protect the nation from the menace of terrorism. Along with the new techniques came the decision to enact laws that some believed crossed the threshold of violating civil liberties this county and those living in it were guaranteed by the Constitution of the United States. “On October 26, 2001, the Public Law 107-56, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, also known as the USA Patriot Act, was signed into effect” (Stern, 2004, p. 1112). While speaking to Congress,

The Homeland Security Act of 2002 impacted the American people without many of them realizing it. The act called for increased monitoring of computer networks, phone lines, and online history inside the United States and allowed the government to deport suspects (ACLU). What was created by the act has snaked its way into all aspects of our lives, creating a sense of order and restricting some freedom. However, some say that this imposition into our daily lives limits our freedoms and actions allowed us by the Constitution. Many interest groups voice strong resentment for the act while others try to demonstrate the strengths and triumphs of the Homeland Security Act. This paper will show the differing viewpoints of those that feel that the