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Article: Leaving FISA behind: the need to return to warrantless foreign intelligence surveillance.(Foreign Intelligence Surveillance Act of 1978)(Case Note)
- Article from:
- The Yale Law Journal
- Article date:
- October 1, 2003
- Author:
CopyrightCOPYRIGHT 2003 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
In a locked, windowless room with walls of corrugated steel, in a restricted area of a Justice Department building in Washington, sits the Foreign Intelligence Surveillance Court (FISC). Conducting proceedings completely hidden from the public, as mandated by Foreign Intelligence Surveillance Act (FISA) of 1978, the FISC grants government agents permission to surveil targets if there is probable cause to believe they are foreign powers or agents of foreign powers. (1) The FISC is accustomed to approving each government request it receives, but on May 17, 2002, it issued an order stating that the Department of Justice (DO J) had overstepped its bounds ...