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Probable Cause under FISA

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Describe the Foreign Intelligence Surveillance Act. Compare and contrast the probable cause requirement under FISA with an "ordinary" article III warrant.

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This solution discusses probably cause under FISA in 1000 words. Examples of acts and cases are provided to further understanding.

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Foreign Intelligence Surveillance Act: Before and after the USA PATRIOT Act. Bulzomi, Michael J. FBI Law Enforcement Bulletin72. 6 (Jun 2003): 25-32

In the intelligence sphere differences exist for how governments can legally obtain the autonomy to use electronic surveillance and physical searches for foreign intelligence purposes. The two most important doctrines that govern how governments can legally engage in wiretaps, bugging of telephones, and other electronic monitoring are the Foreign Intelligence Surveillance Act and Title III of the Omnibus Crime Control and Safe Streets Act. FISA establishes the procedures and authority that enables governments both state and federal to conduct wiretaps in response to international threats. The act was created in response to an oversight emanating from Title III of the Omnibus Crime Control and Safe Streets Act.

The purpose of the FISA act is for providing accountability of electronic monitoring by requiring that appointed U.S. District Court judges who are chosen by the U.S. Supreme Court review all applications before approval. This court of judges is known as the FISA Court and the court must authorize the use of electronic monitoring in matters of national security with limitations placed upon the legal use of electronic monitoring by the federal government once an approval has been given. If an application is denied, the government has legal recourse in the form of a sealed review of the application by a separate court also appointed by the chief justice of the Supreme Court. This FISA Court of Review has three ...

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