The New York Times reported in December 2005 that the National Security Agency was conducting warrantless electronic surveillance of American citizens within the United States. This extra-judicial eavesdropping on US persons violated the Foreign Intelligence Surveillance Act, which Congress intended to be the exclusive framework for electronic surveillance in the US. The full extent and details of the NSA program are still not known.
Court Upholds Warrantless Surveillance of Suspected Terrorists Abroad - In a rare public opinion, the Foreign Intelligence Surveillance Court of Review upheld the constitutionality of warrantless wiretaps in the U.S. that target suspected terrorists who are both overseas and not U.S. citizens. The spying was conducted under the now-expired Protect America Act of 2007. The case arose when an anonymous communications company challenged the government's demand that it assist in carrying out the surveillance. The Court held that the Fourth Amendment applied to the wiretap, but that it could be conducted without a warrant under the stringent procedures in this case, which included specific targeting of individuals strongly believed to be terrorists. January 16, 2009
Share this articleSenate Sends FISA Legislation to President for Signature - After beating back three amendments, the Senate voted 69-28 to pass the FISA Amendments Act and send it to the President to be signed into law. The rejected amendments would have stripped out or limited provisions in the bill granting immunity to telecommunications carriers that assisted with illegal warrantless surveillance for more than five years after September 11. CDT opposed the legislation because it grants immunity and fails to give the FISA court adequate authority to ensure that Americans are protected against unjustified surveillance of their communications. CDT calls on Congress to vigorously exercise its authority to oversee the government's implementation of the new authority. July 09, 2008
Share this articleCDT Urges Congress to Reject FISA Amendment Legislation - CDT today urged Congress to reject legislation to amend the Foreign Intelligence Surveillance Act that is expected to be voted on in the House tomorrow and in the Senate next week. The legislation fails to give the FISA court adequate authority to ensure that the Americans are protected against unjustified surveillance of their communications. It also provides immunity to telecommunications carriers that assisted with warrantless surveillance for years after the 9/11 terrorist attacks. June 19, 2008
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