LAW 443 - The Foreign Intelligence Surveillance Act of 1978: Past Present, and Future

This course will commence with an overview of the U.S. Intelligence Community, its organization, functioning and the issues it faces. The heart of the course will be an in- depth study of the Foreign Intelligence Surveillance Act (FISA) of 1978, its amendments, Executive Order 12333, Section 215 of the US PATRIOT ACT, the Classified Information Procedures Act (CIPA); the National Security Act of 1947, and related statutes. Students will examine the background for the creation of this framework, how it has evolved over the past 40+ years into the current legal framework utilized by the National Security community, and proposals for changes to FISA. The course will also identify the circumstances for pursuing different types of FISAs, e.g., electronic surveillance, physical searches, pen registers and trap and trace devices, and the production of certain business records; discerning the specific provisions of FISA that apply to a set of circumstances; the composition of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review, and the requirements for an application to the Foreign Intelligence Surveillance Court. Grades will based on class participation and a final research paper.