Foreign Intelligence Surveillance Act -- Legal Bibliography

19 January 2001. FISA is the principal US law that covers electronic surveillance, physical searches and other covert activities. It is overseen by the FISA court, all of whose proceedings are held in secret. Targets of FISA activities and proceedings are denied full US Constitutional protection and privileges.

From: "Mike Yared" <mike_yared@hotmail.com>
To: intelforum@his.com
Subject: Foreign Intelligence Surveillance Act (Biblio)
Date: Thu, 18 Jan 2001 14:55:43 -0500

Law review articles on the FISA are:

United States. Pub. L. 95-511, Oct. 25, 1978; 92 Stat. 1783; 50 U.S.C. (sections) 1801-1811. Foreign Intelligence Surveillance Act of 1978.

Birkenstock, Gregory E. "The Foreign Intelligence Surveillance Act and standards of probable cause: an alternative analysis." 80 Georgetown Law Journal 843-871 (February 1992).

Chiarella, Louis A. and Michael A. Newton. "'So Judge, how do I get that FISA warrant?': the policy and procedure for conducting electronic surveillance." Army Lawyer 25-36 (October 1997).

Cinquegrana, Americo R. "The walls (and wires) have ears: The background and first ten years of the Foreign Intelligence Surveillance Act of 1978." 137 University of Pennsylvania Law Review 793-828 (January 1989).

Kornblum, Allan N. and Lubomr M. Jachnycky. "America's secret court: listening in on espionage and terrorism. 24 The Judges' Journal 15-19 (Summer 1985).

Malooly, Daniel J. "Physical searches under FISA: A constitutional analysis." 35 American Criminal Law Review 411-424 (Winter 1998).

Meason, James E. "The Foreign Intelligence Surveillance Act: time for reappraisal." 24 The International Lawyer 1043-1058 (Winter 1990).

Murphy, John Francis. "Legal controls and the deterrence of terrorism: performance and prospects." 13 Rutgers Law Journal 465-492 (Spring 1982).

Perkins, Matthew W. "War and national defense--Foreign Intelligence Surveillance Act--civil actions and the Foreign Intelligence Surveillance Act: you can knock but you can't come in, American Civil Liberties Union Foundation of Southern California v. Barr, 952 F.2d 457 (1991)." 16 Suffolk Transnational Law Journal 807-821 (Spring 1993).

Saltzburg, Stephen A. "National security and privacy: of governments and individuals under the constitution and the Foreign Intelligence Surveillance Act." 28 Virginia Journal of International Law 129-155 (Fall 1987).

Schwartz, Helene E. "Oversight of minimization compliance under the Foreign Intelligence Surveillance Act: how the watchdogs are doing their jobs." 12 Rutgers Law Journal 405-511 (Spring 1981).

"Constitutional law--foreign intelligence--determining the legality of foreign electronic surveillance in ex parte proceeding is constitutional, United States v. Belfield, 692 F.2d 141." 7 Suffolk Transnational Law Journal 493-512 (Fall 1983).

"Constitutional law--Fourth Amendment--electronic surveillance authorized under the Foreign Intelligence Surveillance Act does not violate the fourth amendment, United States v. Posey, 864 F.2d 1487." 14 Suffolk Transnational Law Journal 231-247 (Fall 1990).

"The constitutionality of the Foreign Intelligence Surveillance Act of 1978." 16 Vanderbilt Journal of Transnational Law 231-259 (Winter 1983).

"The Eastern District of New York rejects constitutional challenges to the Foreign Intelligence Surveillance Act of 1978. United States v. Falvey (540 F. Supp. 1306)." 10 Brooklyn Journal of International Law 193-217 (Winter 1984).

"Foreign intelligence surveillance: intelligence gathering or prosecution?." 6 Fordham International Law Journal 501-529 (1982/1983).

"Jurisdictional limitations on the Foreign Intelligence Surveillance Court." 8 Suffolk Transnational Law Journal 259-299 (Fall 1984).

"Legal controls and the deterrence of terrorism: performance and prospects." 13 Rutgers Law Journal 465-492 (Spring 1982).

"Who's listening: proposals for amending the Foreign Intelligence Surveillance Act." 70 Virginia Law Review 297-337 (March 1984).

"United States v. Falvey (540 F. Supp. 1306): a constitutionality test for foreign electronic intelligence surveillance." 8 The North Carolina Journal of International Law and Commercial Regulation 77-86 (Winter 1982).

Mike Yared

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Source: http://www.usdoj.gov/oipr/fisars.htm

Department of Justice/Office of Intelligence Policy and Review

TITLE: Foreign Intelligence Surveillance Act Records System

ACRONYM: FISARS

ORIGINATOR:

Department /Agency Name: U.S. Department of Justice
Major Organization Subdivision: Office of Intelligence Policy and Review
Minor Organization Subdivision:
Name of Unit:
Street Address: 950 Pennsylvania Avenue, NW, Room 3305
City: Washington, D.C.
Zip Code: 20530
Country: United States
Hours of Service:
Telephone: (202) 514-5600
FAX:
E-Mail Address:

ABSTRACT: The Foreign Intelligence Surveillance Act Records System (FISARS) of the Office of Intelligence Policy and Review (OIPR) is the information system for applications for orders for electronic surveillance or physical searches under the Foreign intelligence Surveillance Act (FISA). It is a manual classified system consisting of files indexed by docket number. FISARS is supported by an automated case tracking and management system.

PURPOSE: This system was created and is maintained to enable attorneys to prepare certifications and applications for orders under the Foreign intelligence Surveillance Act (FISA), and to maintain an accurate record of applications actually filed with by the United States before the Foreign Intelligence Surveillance Court.

ACCESS CONSTRAINTS: Access to this system is restricted to OIPR personnel with "TOP SECRET/SCI" clearance and a need to know.

USE CONSTRAINTS: FISARS is restricted to only those uses necessary to perform tasks required to implement the Foreign Intelligence Surveillance Act, as amended.

SOURCES OF DATA: OIPR does not conduct investigations. This system contains information received from the Intelligence Community, the FBI, other executive branch departments and agencies conducting foreign counterintelligence and terrorism investigations.

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ORDER PROCESS: A request for access to a record from the system will be made in writing with the envelope and the letter clearly marked "Privacy Act Request" or "Freedom of Information Act Request". If you are requesting information pertaining to yourself, the request must include your full name, complete address, date of birth, notarized signature, and other identifying data you may wish to furnish to assist in making a proper search of our records. The requester must also provide a return address for transmitting the information. Requests for other information must describe the records you seek access to. Requests must be addressed to the Department of Justice, Counsel for Intelligence Policy, Office of Intelligence Policy and Review, Main Building Room 3305, 950 Pennsylvania Ave., NW, Washington, D.C. 20530

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DATE OF LAST MODIFICATION: 7/00