Intelligence and Privacy

Published Decisions of the Foreign Intelligence Surveillance Courts

The secret Foreign Intelligence Surveillance Court and Court of Review were established in 1978 to review applications by federal intelligence officials for permission to conduct electronic or physical searches for the purpose of gathering foreign intelligence in the United States. Because the purpose of these search warrants was to be exclusively for foreign intelligence gathering, the government is not required to demonstrate probable cause to believe a crime may be committed before obtaining a search warrant from the secret courts. The role of the so-called "FISA" courts was expanded following the 2001 passage of the USA PATRIOT Act to make it easier for the government to conduct intelligence-related searches without showing probable cause. The secret FISA courts have issued only a handful of published decisions in their 25-year history. Copies of those decisions appear below.

• Memorandum Decision of the Foreign Intelligence Surveillance Court (PDF 78 KB)
• Foreign Intelligence Surveillance Court of Review Decision (PDF 118 KB)

Publications

Human Rights First has written a series of reports on the erosion of civil liberties in the U.S. since 9/11. The three reports, and the dates they cover, are:

Assessing the New Normal
3/03 to 9/03

Imbalance of Powers
9/02 to 3/03

A Year of Loss
9/01 to 9/02

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