Long title | An Act to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes. |
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Nicknames | FISA Amendments Act of 2008 |
Enacted by | the 110th United States Congress |
Effective | July 10, 2008 |
Citations | |
Public law | 110-261 |
Statutes at Large | 122 Stat. 2436 |
Codification | |
Acts amended |
Foreign Intelligence Surveillance Act USA PATRIOT Act Protect America Act of 2007 |
Titles amended | 50 U.S.C.: War and National Defense |
U.S.C. sections amended | 50 U.S.C. ch. 36 § 1801 et seq. |
Legislative history | |
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Major amendments | |
USA Freedom Act |
The FISA Amendments Act of 2008 (also called the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, H
Warrantless wiretapping by the National Security Agency (NSA) was revealed publicly in late 2005 by the New York Times and then reportedly discontinued in January 2007. See Letter from Attorney-General Alberto Gonzales to Senators Patrick Leahy and Arlen Specter, CONG. REC. S646-S647 (Jan. 17, 2007). Approximately forty lawsuits have been filed against telecommunications companies by groups and individuals alleging that the Bush administration illegally monitored their phone calls or e-mails. Whistleblower evidence suggests that AT&T was complicit in the NSA's warrantless surveillance, which could have involved the private communications of millions of Americans.
The Foreign Intelligence Surveillance Act makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both. In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using, or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both.