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Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes
This report begins with an overview of both the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Act (FISA) Court of Review, including the jurisdiction of these courts, how the judges are appointed, and the FISC’s practices and procedures for reviewing and issuing surveillance orders. The report then discusses the scope and underlying legal principles behind congressional regulation of the procedures of the federal courts, and applies those principles with respect to the various proposals to reform the FISA judicial review process.
Intelligence Community Programs, Management, and Enduring Issues
This report explains the management structure for the National Intelligence Program (NIP), and Military Intelligence Program (MIP), to include their two separate budget processes and the roles of the Director of National Intelligence and the Under Secretary of Defense (Intelligence). The concluding section of this report considers the ability of the U.S. government to make the best use of its intelligence-related resources when: (1) total intelligence spending is impossible to calculate; (2) its management and oversight is completely decentralized; and (3) IC funding alone is largely divided into two categories (NIP and MIP)-- managed within the executive branch separately, justified to Congress separately, and overseen by separate congressional committees.
Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence to Counter Terrorism: Issues for Congress
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Intelligence to Counter Terrorism: Issues for Congress
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Intelligence to Counter Terrorism: Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Airborne Intelligence, Surveillance and Reconnaissance (ISR): The U-2 Aircraft and Global Hawk UAV Programs
Among airborne intelligence, surveillance, and reconaissance (ISR) platforms, the U-2 Dragon Lady and the RQ-4A Global Hawk are especially valuable. This report discusses how best to use existing and planned manned and unmanned ISR aircraft to most effectively satisfy the Department of Defense's (Dod) requirements for timely and accurate information on enemy forces.
Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Intelligence Issues for Congress
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Domestic Intelligence in the United Kingdom: Applicability of the MI-5 Model to the United States
This paper summarizes pending legislation relating to domestic intelligence, briefly explains the jurisdiction and functions of MI-5, and describes some of the factors that may be relevant to a discussion regarding the applicability of the MI-5 domestic intelligence model to the United States.
National Security Letters: Proposals in the 113th Congress
This report reprints the text of the five National Security Letter (NSL) statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act. A National Security Letter (NSL) is roughly comparable to an administrative subpoena, used by various intelligence agencies to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act.
National Security Letters: Proposals in the 112th Congress
This report reprints the text of the five National Security Letter (NSL) statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act.
National Security Letters: Proposals in the 112th Congress
This report reprints the text of the five National Security Letter (NSL) statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would be returned under S.1125 and H.R. 1805). NSLs are roughly comparable to administrative subpoenas. Various intelligence agencies use them to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act.
Cybersecurity: Selected Legal Issues
This report discusses selected legal issues that frequently arise in the context of recent legislation to address vulnerabilities of critical infrastructure to cyber threats, efforts to protect government networks from cyber threats, and proposals to facilitate and encourage sharing of cyber threat information amongst private sector and government entities. This report also discusses the degree to which federal law may preempt state law.
Intelligence Issues for Congress
To address the challenges facing the U.S. Intelligence Community in the 21st century, congressional and executive branch initiatives have sought to improve coordination among the different agencies and to encourage better analysis. In December 2004, the Intelligence Reform and Terrorism Prevention Act was signed, providing for a Director of National Intelligence (DNI) with substantial authorities to manage the national intelligence effort. Making cooperation effective presents substantial leadership and managerial challenges. International terrorism in particular presents a difficult analytical challenge. Counterterrorism requires the close coordination of intelligence and law enforcement agencies, but there remain many institutional and procedural issues that complicate cooperation between the two sets of agencies.
The National Intelligence Council: Issues and Options for Congress
The National Intelligence Council (NIC), composed of some 18 senior analysts and national security policy experts, provides the U.S. intelligence community's best judgments on crucial international issues. It is the purpose of this report to describe the statutory provisions that authorize the NIC, provide a brief history of its work, and review its role within the federal government. The report will focus on congressional interaction with the NIC and describe various options for modifying congressional oversight.
The National Intelligence Council: Issues and Options for Congress
This report to describe the statutory provisions that authorize the National Intelligence Council (NIC), provide a brief history of its work, and review its role within the federal government. The report will focus on congressional interaction with the NIC and describe various options for modifying congressional oversight.
Intelligence Issues for Congress
This report discusses legislative initiatives to address the challenges facing the U.S. Intelligence Community in the 21st century.
Intelligence Issues for Congress
This report discusses legislative initiatives to address the challenges facing the U.S. Intelligence Community in the 21st century.
Encryption Export Controls
This report discusses encryption export controls, beginning with background on the development and use of encryption, and continuing with a description of export controls imposed under the Arms Export Control Act (AECA) and the Export Administration Act (EAA); a discussion of recent federal court rulings in First Amendment challenges to AECA and EAA regulations; and a summary of 106th Congress legislation aimed at liberalizing law and policy affecting encryption exports.
Intelligence Spending: Public Disclosure Issues
This report describes the constituent parts of the intelligence budget, past practice in handling intelligence authorizations and appropriations, the arguments that have been advanced for and against making intelligence spending totals public, a legal analysis of these issues, and a review of the implications of post-Cold War developments on the question. It also describes past congressional interest in keeping intelligence spending totals secret.
Intelligence Whistleblower Protections: In Brief
This report describes three sources of Intelligence Community (IC) whistleblower protection including the Intelligence Community Whistleblower Protection Act of 1998 (ICWPA), Presidential Policy Directive 19 (PPD-19), and Title VI of the Intelligence Authorization Act for Fiscal Year 2014 (Title VI). Generally speaking, whistleblowers are those who expose misconduct (e.g., fraud, abuse, or illegal activity) within an organization. In the context of the IC, whistleblowers are generally employees or contractors of federal intelligence agencies who bring to light information on agency wrongdoings.
Intelligence Issues for Congress
This report discusses the efforts currently underway to improve coordination and encourage better analysis amongst the various agencies within the U.S. Intelligence Community, especially with regard to the ongoing and prominent issue of international terrorism. In particular, this report addresses the false intelligence regarding Iraqi weapons of mass destruction and the current efforts in Iraq and Iran in general.
Intelligence Issues for Congress
This report discusses the efforts currently underway to improve coordination and encourage better analysis amongst the various agencies within the U.S. Intelligence Community, especially with regard to the ongoing and prominent issue of international terrorism. In particular, this report addresses the false intelligence regarding Iraqi weapons of mass destruction and the current efforts in Iraq and Iran in general.
The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues
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.
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records.
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records.
Intelligence Issues for Congress
This report gives an overview of current intelligence issues of interest to the 112th Congress. It includes background and analysis including most recent development, ongoing Congressional concerns, specific issues for the 112th Congress, and a summary of related legislation from the 109th through the 112th Congresses.