Foreign Intelligence Surveillance Act

The Foreign Intelligence Surveillance Act (FISA) of 1978 was passed by Congress after the Church and Pike Commissions revealed the extent of spying on Americans by the FBI, the CIA, the Army and NSA during the 1950's, 60's and early 70's.  It states that the government cannot spy on Americans or legal permanent residents in the United States without obtaining a warrant from the secret FISA court composed of 11 federal judges. 

From the time the FISA court was set up in 1979, it had reportedly rejected only four of 19,000 or more requests for warrants to carry out electronic surveillance and physical searches.  Its proceedings were shrouded in secrecy, but critics accused it of being a rubber stamp for the government. 

The Act permits warrantless domestic electronic surveillance in wartime only for the first fifteen days of the war.  It allows the executive branch to install domestic wiretaps without first approaching the court, but it must get a court order within 72 hours. It makes it a crime to carry out electronic surveillance not authorized by the statute.  Conviction for violating this federal law is punishable by a fine of up to $10,000, or imprisonment for not more than 5 years, or both.

FISA was broadened by the USA PATRIOT Act, but the PATRIOT Act version of FISA does not permit the President to conduct warrantless eavesdropping on US citizens or permanent legal residents in the US without a court order.