[20180215]LSB10076_HPSCI备忘录引发关于FISA应用要求的争论.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i HPSCI Memorandum Sparks Debate over FISA Application Requirements Updated February 15, 2018 The recent disclosure by the House Permanent Select Committee on Intelligence (HPSCI) of a declassified memorandum written by HPSCI majority staff has sparked a renewed conversation about the governments longstanding authority to conduct electronic surveillance on U.S. citizens pursuant to the Foreign Intelligence Surveillance Act of 1978 (FISA), as amended. FISA was designed to provide a statutory process to oversee the use of electronic surveillance for foreign intelligence purposes that mirrored the warrant process required for electronic surveillance in criminal investigations. Under FISA, the government must generally apply for and receive an order from the specialized Foreign Intelligence Surveillance Court (FISC) authorizing electronic surveillance. An order may be issued based on the courts finding that probable cause exists to believe that the target of surveillance is an agent of a foreign power. Because of the national security information used in such applications, both the submissions to an