Publication

This report examines the Foreign Intelligence Surveillance Act (FISA) judicial review process in the US, which deals with government applications to conduct electronic surveillance for foreign intelligence purposes, as well as proposed reforms of this process. The possible proposals it analyzes include 1) the introduction of a public advocate into FISA Court proceedings; 2) changes to the procedural and operational mechanisms of the FISA Courts, such as the appointment of a 'friend of the court' to assist it in addressing novel legal issues; and 3) measures designed to displace the authority to designate judges to the FISA Court. The authors also discuss the legal implications of proposals that would require the executive branch to release FISA Court opinions.