50 U.S. Code § 1802 -
Electronic surveillance authorization without court order
(a)
(1) Attorney General, may authorize electronic surveillance without a court order to acquire foreign intelligence information for periods of up to one year if it certifies in writing under oath that--
(A) the surveillance is solely directed at--
(i) acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers; or
(ii) the acquisition of technical intelligence, other than spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power,
(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and
(C) the proposed minimization procedures meet the definition of minimization procedures under section 1801(h) of this title; and if Attorney General reports such minimization procedures and any changes to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date,
(2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General’s certification and with the minimization procedures. The Attorney General shall assess compliance with such procedures and shall report such assessments under section 1808 (a).
(3) The Attorney General shall transmit under seal to the court a copy of his certification. Such certification shall be maintained with strict security measures, and shall remain sealed unless--
(A) an application for a court order with respect to the surveillance is made under sections 1801(h)(4) and 1804 of this title; or
(B) the certification is necessary to determine the legality of the surveillance under section 1806(f) of this title.
(4) With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to--
(A) provide all information, facilities, or assistance necessary to accomplish the electronic surveillance in such a manner and to protect its secrecy and produce a minimum of interference; and
(B) maintain under security procedures any records concerning the surveillance or the aid furnished which such carrier wishes to retain.
(b) Applications for a court order under this subchapter are authorized if the President who has empowered the Attorney General to approve applications under section 1803 of this title, and a [FISA] judge may grant an order, approving electronic surveillance of a foreign power for the purpose of obtaining foreign intelligence information, except that [FISA] court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) unless such surveillance may involve the acquisition of communications of any United States person.
Congress enacted the Foreign Intelligence Surveillance Act (FISA) in 1978.
FISA provides a an updated statutory framework for authorization to gather intelligence by electronic surveillance, physical searches, pen registers and trap and trace. FISA currently defines foreign intelligence information as information relating to a foreign power or that generally concerns the ability of the United States to protect against international terrorism, potential attacks by foreign powers or agents of foreign powers, or international drug trafficking.
Though Congress initially limited FISA to regulating government use of electronic surveillance, Congress has amended FISA to regulate other intelligence-gathering practices, such as physical searches, the use of PR/TT devices, and compelled production of certain types of business records. Foreign Intelligence Surveillance Courts FISA established two specialized foreign intelligence courts to approve the use of FISA investigative authorities. The Foreign Intelligence Surveillance Court (FISC) has original jurisdiction over FISA applications, while the Foreign Intelligence Surveillance Court of Review (FISCR) hears appeals from the FISC. The FISC is composed of 11 federal judges, while the FISCR has three, all designated by the Chief Justice of the United States. The FISC and FISCR normally hear ex parte submissions by the government, but they also hear challenges to FISA orders brought by communications providers or other third parties.
Electronic surveillance authorization without court order
(a)
(1) Attorney General, may authorize electronic surveillance without a court order to acquire foreign intelligence information for periods of up to one year if it certifies in writing under oath that--
(A) the surveillance is solely directed at--
(i) acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers; or
(ii) the acquisition of technical intelligence, other than spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power,
(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and
(C) the proposed minimization procedures meet the definition of minimization procedures under section 1801(h) of this title; and if Attorney General reports such minimization procedures and any changes to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date,
(2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General’s certification and with the minimization procedures. The Attorney General shall assess compliance with such procedures and shall report such assessments under section 1808 (a).
(3) The Attorney General shall transmit under seal to the court a copy of his certification. Such certification shall be maintained with strict security measures, and shall remain sealed unless--
(A) an application for a court order with respect to the surveillance is made under sections 1801(h)(4) and 1804 of this title; or
(B) the certification is necessary to determine the legality of the surveillance under section 1806(f) of this title.
(4) With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to--
(A) provide all information, facilities, or assistance necessary to accomplish the electronic surveillance in such a manner and to protect its secrecy and produce a minimum of interference; and
(B) maintain under security procedures any records concerning the surveillance or the aid furnished which such carrier wishes to retain.
(b) Applications for a court order under this subchapter are authorized if the President who has empowered the Attorney General to approve applications under section 1803 of this title, and a [FISA] judge may grant an order, approving electronic surveillance of a foreign power for the purpose of obtaining foreign intelligence information, except that [FISA] court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) unless such surveillance may involve the acquisition of communications of any United States person.
Congress enacted the Foreign Intelligence Surveillance Act (FISA) in 1978.
FISA provides a an updated statutory framework for authorization to gather intelligence by electronic surveillance, physical searches, pen registers and trap and trace. FISA currently defines foreign intelligence information as information relating to a foreign power or that generally concerns the ability of the United States to protect against international terrorism, potential attacks by foreign powers or agents of foreign powers, or international drug trafficking.
Though Congress initially limited FISA to regulating government use of electronic surveillance, Congress has amended FISA to regulate other intelligence-gathering practices, such as physical searches, the use of PR/TT devices, and compelled production of certain types of business records. Foreign Intelligence Surveillance Courts FISA established two specialized foreign intelligence courts to approve the use of FISA investigative authorities. The Foreign Intelligence Surveillance Court (FISC) has original jurisdiction over FISA applications, while the Foreign Intelligence Surveillance Court of Review (FISCR) hears appeals from the FISC. The FISC is composed of 11 federal judges, while the FISCR has three, all designated by the Chief Justice of the United States. The FISC and FISCR normally hear ex parte submissions by the government, but they also hear challenges to FISA orders brought by communications providers or other third parties.