Is Secretly Wiretapping U.S. Citizens Without Legal Process Prohibited by the Foreign Intelligence Surveillance Act?
Yes. The Foreign Intelligence Surveillance Act, 50 U.S.C. ยง 1801 et seq., (FISA) provides the exclusive statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. It prohibits surveillance in the United States of communications to or from a person in the United States, unless authorized by statute. With limited exceptions, this means that the U.S. Foreign Intelligence Surveillance Court (FISC) must authorize such surveillance.
