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Introduction
Today, electronic surveillance remains one of the most effective tools the United States has to protect against foreign powers and groups seeking to inflict harm on the nation, but it does not go without a few possessing a few negative aspects either. Electronic surveillance of foreign intelligence has likely saved the lives of many innocent people through prevention of potential acts of aggression towards the United States. There are many pros to the actions authorized under the Foreign Intelligence Surveillance Act (FISA) pertaining to electronic surveillance, but there are also cons. Looking at both the pros and cons of electronic surveillance is important in understanding the overall effectiveness of FISA. [1]
Definition of Electronic Surveillance.
To better understand the topic at hand it is important to understand what electronic surveillance is pertaining to Foreign Intelligence. The definition of “electronic surveillance”, as written is FISA, can be summarized best as acquisition of data from wire or radio communications using “an electronic, mechanical, or other surveillance device”. There are four specific criteria that further define electronic surveillance in more detail also included in FISA under Title 1, Section 101. This section also included definitions for those groups that surveillance may be authorized against. [2]
The Pros of FISA and Electronic Surveillance.
The pros of electronic surveillance are extensive. The ability for agents of the United States Intelligence Community (IC) to intercept and process communications and information from foreign powers, agents of foreign powers, international terrorist organizations, and others who seek to engage in activities with such groups, provides the ...
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...ially higher. Like any United States law there is always controversy surrounding it. FISA is no different, and since many people feel that FISA provides the government with the authority to snoop around their private lives it often draws fire from critics. Nothing is perfect, FISA, and specifically the section addressing electronic surveillance, is also guilt of possessing flaws. Unfortunately, these flaws are often more widely publicized and recognized than the advantages than the pros of the act.
Works Cited
1. https://edge.apus.edu/access/content/group/security-and-global-studies-common/Intelligence%20Studies/INTL%20305/Week%204/FISA.pdf
2. Ibid
3. Ibid
4. http://www.law.cornell.edu/uscode/text/50/chapter-36/subchapter-I
5. https://edge.apus.edu/access/content/group/security-and-global-studies-common/Intelligence%20Studies/INTL%20305/Week%204/FISA.pdf
6. Ibid
It was reassured from the Department of Justice that any searches made under Section 702 of the Foreign Intelligence Surveillance Act, or FISA, data will be used in compliance with guidelines and procedures, and it does not provide a way to get around the requirement of a court order before targeting any U.S. citizen under the FISA. A considerable amount of the NSA's bulk data collection is actually substantiated under section 702. This gives permission for the collection of communications without an individual warrant for each case, as long as there is a reasonable belief that the communications are both foreign and in another nation.
Richards, Neil M. "The Dangers Of Surveillance." Harvard Law Review 126.7 (2013): 1934-1965. Academic Search Elite. Web. 8 Feb. 2014.
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