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Homeland Security Intelligence

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The Foreign Intelligence and Surveillance Act (FISA) and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 are controversial topics. The events of September 11, 2001 brought reality to the terrorist threat to the United States. As a result, new, relevant procedures and tactics must be implemented to protect and prevent terrorism in the homeland. FISA and the Patriot Act are two solutions to the terrorism threat.

Assignment Guidelines
•Research the provisions of both FISA and the Patriot Act. ◦Briefly summarize these 2 pieces of legislation.
◦Using scholarly references, identify 1-2 supportive and 1-2 opposing positions on both FISA and the Patriot Act.

•Select 2-3 items from the following list or any other types of surveillance, detection, or inspection technologies used by DHS agencies: ◦Wiretapping
◦Video surveillance (CCTV)
◦Biometric surveillance
◦Deep-packet inspection
◦Data mining

•Describe the selected technologies, and provide an example of a technological limitation for each.
•Be sure to reference all sources using APA style.

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Solution Summary

The expert examines Foreign Intelligence and Surveillance Act. The provisions of both are determined.

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The Foreign Intelligence and Surveillance Act (FISA) and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 are controversial topics. The events of September 11, 2001 brought reality to the terrorist threat to the United States. As a result, new, relevant procedures and tactics must be implemented to protect and prevent terrorism in the homeland. FISA and the Patriot Act are two solutions to the terrorism threat.
Assignment Guidelines
•Research the provisions of both FISA and the Patriot Act. ◦Briefly summarize these 2 pieces of legislation.

In reference to FISA, this act was passed in 1978, and this act established the separate legal paradigm that currently exists in regard to foreign intelligence surveillance with strict guidelines being established on the regulation of law enforcement surveillance. FISA legislation was created as a tool for furthering the capabilities of the U.S. counterintelligence agencies, and during most of its history, the legislation was limited in its scope with electronic eavesdropping and wiretapping. There has been numerous amendments on this legislation since its inception, but in general, it allows surveillance that is capable of bypassing the Fourth Amendment by enabling search warrants to be issued based on probable cause that any surveillance target is working for foreign powers or as a foreign agent as opposed to the belief that a crime has been committed. The caveat in regard to FISA is that even if the person has not committed any known crime, surveillance can be allowed.

The FISA legislation is supposed to be limited ...

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