ment to set up procedures for allowing electronic monitoring, within
the United States, of individuals for foreign intelligence purposes. In
1968, the Omnibus Crime Control and Safe Streets Act contained
provisions for authorizing the government to use electronic monitor-
ing against criminal activities. However, it failed to answer the ques-
tion of whether or not the government is required to obtain court au-
thorization for electronic monitoring conducted for the collection of
information regarding threats to national security, not for criminal in-
vestigations. FISAfilled this gap by requiring court approval before
the government engaged in electronic surveillance (as well as physi-
cal searches) for foreign intelligence purposes. To do this, the act es-
tablished the Foreign Intelligence Surveillance Court, consisting of
U.S. District Court judges designated by the chief justice of the U.S.
Supreme Court.
An application for a FISAwarrant need only state facts supporting
probable cause to believe that the target of the intercept or search is
a foreign power, or an agent of a foreign power, and that the facilities
to be monitored or searched are being used, or are about to be used,
by a foreign power, or an agent of a foreign power, and to certify that
the purpose of the surveillance is to obtain foreign intelligence infor-
mation. The USA PATRIOT Act of 2002 modified this requirement
by allowing certification that a “significant” (but not sole) purpose of
the surveillance would be for foreign intelligence purposes. To show
that a person is an agent of a foreign power, the government need
only demonstrate that the subject is an officer or employee of a for-
eign power or acts on the foreign power’s behalf; or knowingly en-
gages in clandestine intelligence-gathering activities that may in-
volve a violation of U.S. criminal statutes; or knowingly engages in
sabotage, international terrorism, or in the preparation of these ac-
tivities on behalf of a foreign power.FOREIGN INTELLIGENCE SURVEILLANCE COURT.Aspecial
court established by the Foreign Intelligence Surveillance Act
(FISA)of 1978to review government applications for national secu-
rity electronic monitoring and searches and to issue warrants with ap-
propriate limitations. If the FISACourt denies an application for an
order authorizing a national security wiretap or search, the matter is
referred under seal to the FISACourt of Review, comprised of threeFOREIGN INTELLIGENCE SURVEILLANCE COURT•7505-398 (2) Dictionary.qxd 10/20/05 6:27 AM Page 75