With Congress considering a possible change regarding sensitive covert action policy, this memorandum describes the statutory provision authorizing Gang of Eight notifications, reviews the legislative history of the provision, and examine both the impact of such notifications on congressional oversight as well as options that Congress might consider to possibly improve oversight.
This report briefly outlines some of the perspectives reflected in the ongoing debate related to the Foreign Intelligence Surveillance Act (FISA) focusing on three issues: tension between national security and civil liberties, collection of foreign intelligence information from foreign persons, and limitations on liability for telecommunications providers furnishing aid to the government.
This report briefly outlines three issues relating to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate — the Fourth and First Amendments. This report briefly examines these issues and sets them in context.
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