Introduction
Thesis: In the wake of the Watergate scandal, Congress passed into law the Foreign Intelligence Surveillance Act of 1978 (“FISA”) to limit the power of the Executive Branch for the secret surveillance activities. Hence, to protect citizen privacy, FISA requires the government to attest that "the objective" of the surveillance is to gather foreign intelligence information. However, the difference between electronics surveillance conducted for national security and law enforcement purposes erected a “wall” in information sharing amid Intelligence Community. There is an ongoing debate about the lack of information sharing to adequately deter terrorist activities. However, the question becomes, how can lawmakers safely remove the …show more content…
This accusation resulted in a Senate inquiry and greater public and Congressional awareness of clandestine intelligence operations against U.S. citizens. However, it was the Watergate scandal that motivated the Congress to create a constitutional context designed to control the collection of foreign intelligence information.
The President Nixon’s Watergate scandal led to the Senate Committee hearings, and the formation of the Church Committee conducted under the leadership of the Senator Frank Church of Idaho. The commission revealed that Nixon used warrantless surveillance in the name of national security to investigate U.S. citizens who posed a political threat to Nixon. The Church Committee not only revealed the President Nixon’s transgressions of power but also informed the public about the abuse of the Executive Power. President Kennedy, for example, spied without warrant Dr. Martin Luther King, Jr. The Church Committee also thoroughly investigated Pyle’s allegations that the Army was infiltrating civil rights and anti-war groups. Moreover, the Committee exposed the FBI Counterintelligence Operations (COINTELPRO), which had used national security as a cover-up to destroy the domestic political opposition. The Church Committee, in its final report, called for Congress …show more content…
FISA is a complicated law that defines the procedures needed to conduct electronic surveillance to obtain foreign intelligence. However, these procedures do not require getting a warrant as it is the case for criminal investigations under Title III of the Crime Control Act. As a result, FISA leaves out gaps and exceptions that are often exposed to abuses.
Physical Search
In 1995, Daniel Glickman Representative for the Kansas's 4th congressional district (Democrat) sponsored the Intelligence Authorization Act of 1995. The Act expanded FISA authority to include physical searches as well as providing clarification and guidance for electronic surveillance. The expanded authority allows the FISC, upon demonstration of the mandatory “probable cause” to authorize the physical search of certain premises. The probable cause must satisfy that:
1- The target of such search is a foreign power or an agent of a foreign power
2- The premises under searches contain foreign intelligence information
3- The foreign power or agent of a foreign power is the owner of the premises under
Thesis: In the wake of the Watergate scandal, Congress passed into law the Foreign Intelligence Surveillance Act of 1978 (“FISA”) to limit the power of the Executive Branch for the secret surveillance activities. Hence, to protect citizen privacy, FISA requires the government to attest that "the objective" of the surveillance is to gather foreign intelligence information. However, the difference between electronics surveillance conducted for national security and law enforcement purposes erected a “wall” in information sharing amid Intelligence Community. There is an ongoing debate about the lack of information sharing to adequately deter terrorist activities. However, the question becomes, how can lawmakers safely remove the …show more content…
This accusation resulted in a Senate inquiry and greater public and Congressional awareness of clandestine intelligence operations against U.S. citizens. However, it was the Watergate scandal that motivated the Congress to create a constitutional context designed to control the collection of foreign intelligence information.
The President Nixon’s Watergate scandal led to the Senate Committee hearings, and the formation of the Church Committee conducted under the leadership of the Senator Frank Church of Idaho. The commission revealed that Nixon used warrantless surveillance in the name of national security to investigate U.S. citizens who posed a political threat to Nixon. The Church Committee not only revealed the President Nixon’s transgressions of power but also informed the public about the abuse of the Executive Power. President Kennedy, for example, spied without warrant Dr. Martin Luther King, Jr. The Church Committee also thoroughly investigated Pyle’s allegations that the Army was infiltrating civil rights and anti-war groups. Moreover, the Committee exposed the FBI Counterintelligence Operations (COINTELPRO), which had used national security as a cover-up to destroy the domestic political opposition. The Church Committee, in its final report, called for Congress …show more content…
FISA is a complicated law that defines the procedures needed to conduct electronic surveillance to obtain foreign intelligence. However, these procedures do not require getting a warrant as it is the case for criminal investigations under Title III of the Crime Control Act. As a result, FISA leaves out gaps and exceptions that are often exposed to abuses.
Physical Search
In 1995, Daniel Glickman Representative for the Kansas's 4th congressional district (Democrat) sponsored the Intelligence Authorization Act of 1995. The Act expanded FISA authority to include physical searches as well as providing clarification and guidance for electronic surveillance. The expanded authority allows the FISC, upon demonstration of the mandatory “probable cause” to authorize the physical search of certain premises. The probable cause must satisfy that:
1- The target of such search is a foreign power or an agent of a foreign power
2- The premises under searches contain foreign intelligence information
3- The foreign power or agent of a foreign power is the owner of the premises under