The Foreign Intelligence Surveillance Act (FISA) has undergone various constitutional amendments to change the purpose standard of searches dealing with foreign intelligence. The act, established in 1978 has undergone multiple revisions including the fourth amendment of 2001, after the occurrences of 9/11. The change affected the way information on foreign intelligence is disseminated making homeland and national security top priorities. FISA permits warrantless searches when sourcing for foreign intelligence, a factor that is unacceptable in routine law enforcement practices. The following is an analysis of the impact of the memo ‘ Constitutionality of Amending FISA to Change the “Purpose” Standard for Searches, September 25, 2001’, on homeland and national security.
First of all, the memo highlights the Fourth amendment which has bridged the gap between intelligence and law enforcement agencies, to allow for the smooth sharing of intelligence between the two (Sulmasy & Yoo, 2008). The memo emphasizes on the need for unity of purpose in enhancing national security (Yoo, 2001). There existed a wall between the two agencies that would hinder sharing of information between these agencies, thereby causing a hindrance in the promotion of homeland security. The emphasis of information sharing has shifted from the significance of warrants to the importance of the purpose of the permits (Sulmasy & Yoo, 2008).
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Additionally, the amendment has expanded FISA’s effectiveness in providing homeland security with access to foreign intelligence. According to the memo, not all government searches require warrants, especially in special need cases (Yoo, 2001). The memo addresses the issue that FISA provides for exceptions that allow warrantless searches- in the form of wiretapping- in cases where the primary goal is criminal prosecution (Sullivan, 2014). In the case of unclear information, these searches provide security agencies intel that could be used in the apprehension of threats to the country (Jaeger, Bertot & McClure, 2003). Such effectiveness helps to track any disasters such as terrorist attacks and prevent them from happening.
In conclusion, the memo being reviewed proposes that FISA is meant to regulate foreign intelligence by giving a purpose standard for searches. The amendment has caused significant effects on national and homeland security including improving FISA’s effectiveness and the relationship between law enforcement agencies and intelligence agencies. FISA has seen the country through intelligence challenges and brought it to the point of better homeland and national security.
References
Jaeger, P., Bertot, J., & McClure, C. (2003). The impact of the USA Patriot Act on collection and analysis of personal information under the Foreign Intelligence Surveillance Act. Government Information Quarterly , 20 (3), 295-314. Doi: 10.1016/s0740-624x (03)00057-1
Sullivan, J. (2014). From the Purpose to a Significant Purpose: Assessing the Constitutionality of the Foreign Intelligence Surveillance Act under the Fourth Amendment. Notre Dame Journal of Law, Ethics & Public Policy , 19 (1).
Sulmasy, G., & Yoo, J. (2008). Katz and the War on Terrorism [EBook] (40th Ed.). Berkley.
Yoo, J. C. (September 25, 2001). Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the "Purpose” Standard for Searches [Memorandum]. Washington, DC: Office of the Deputy Assistant Attorney General. Retrieved from https://nsarchive2.gwu.edu/torturingdemocracy/documents/20010925.pdf
