American Civil Liberties Union

On July 10, President Bush signed the FISA Amendments Act of 2008 (FAA). Until Congress enacted the FAA, FISA generally prohibited the government from conducting electronic surveillance without first obtaining an individualized order from the FISA court. The new law gives the court established by FISA an extremely limited role in overseeing the government’s surveillance activities. Learn more >>

The Foreign Intelligence Surveillance Act (FISA), born after the Watergate scandal, establishes how the government can secretly eavesdrop on Americans in their own country in intelligence investigations. It was originally passed to allow the government to collect foreign intelligence information involving communications with "agents of foreign powers."

On July 10, 2008, President Bush signed the unconstitutional FISA Amendments Act of 2008 (FAA), supposedly aimed at “updating” the Foreign Intelligence Surveillance Act (FISA). Unfortunately, the law meant to “update” FISA instead gutted the original law by eviscerating the role of the judicial oversight in government surveillance. The law also gave sweeping immunity to the telecommunications companies that aided the Bush administration’s unconstitutional warrantless wiretapping program by handing over access to our communications without a warrant. On the same day the FAA was signed into law, the ACLU filed a lawsuit challenging its constitutionality.

This is not the first time that Congress has undermined FISA. The USA Patriot Act, passed in 2001 and re-authorized in 2006, amended FISA to make it easier for the government to obtain the personal records of ordinary Americans from libraries and Internet Service Providers, even when they are not suspected of having connections to terrorism.

Congressional leadership has promised to address the issues surrounding the FISA Amendments Act before it sunsets in 2012 during the 2009 debate over reauthorization of USA Patriot Act provisions. Until then, the ACLU will fight in the courts to block the law from taking effect.

Telecom Immunity

FISA: Myths and Facts

Other Resources

FISA LATEST
ACT NOW	Congress & Bush Are Giving Away Your Rights!
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	Senate Passes Unconstitutional Spying Bill And Grants Sweeping Immunity To Phone Companies (7/9/2008)
	ACLU Urges Senators to Oppose Unconstitutional Surveillance Bill (7/8/2008)
	Talking Points: The FISA Amendments Act of 2008 (7/1/2008)
	ACLU Urges Senate to Reject Unconstitutional Surveillance Bill (6/26/2008)
	House Approves Unconstitutional Surveillance Legislation (6/20/2008)
	ACLU Letter to the House Of Representatives Strongly Urging Opposition to H.R. 6304, the FISA Amendments Act of 2008 (6/19/2008)
	ACLU Condemns FISA Deal, Declares Surveillance Bill Unconstitutional (6/19/2008)
	H.R. 6304, The FISA Amendments Act of 2008 (6/19/2008)
	ACLU Urges Congress Not to Legalize Warrantless Wiretapping (6/13/2008)
	Facts on the Senator Kit Bond's (R-Mo.) FISA Proposal (6/13/2008)
	ACLU Says No Deal on an Unconstitutional FISA Compromise (6/5/2008)
	ACLU Rejects FISA "Compromise" (5/23/2008)
	FISA: Fear-mongering and What We’ve Learned Since January (5/14/2008)
	ACLU Commends Senator Feingold for Hearing on Secret Law (4/30/2008)
	ACLU Urges House to Remain Firm as FISA Stalemate Continues (4/24/2008)
	ACLU Letter to the House Regarding Draft FISA Legislation, H.R. 3773(3/12/2008)
	Stunning New Report on Domestic NSA Dragnet Spying Confirms ACLU Surveillance Warnings (3/12/2008)
	FISA Radio Ad Campaign (Sample Ad) (3/4/2008)
	ACLU FISA Online and Radio Ads