Privacy in the 21st century - Research Paper Example

Foreign Intelligence Service Act Foreign Intelligence Service Act Privacy is something essential to everyone. When onesprivacy is invaded, they normally feel offended and their rights are not respected. Governments all over the world have enacted laws such as The Foreign Service Intelligence Act (FISA) of the United States of America, to spy on their own citizens who they consider “a threat to national security”.The Foreign Service Intelligence Act (FISA) is an act by congress in 1978. It was put in place during Jimmy Carter’s presidency.

This was an act of congress that allowed physical search and electronic surveillance of people who were suspected of crimes such as terrorism, espionage or were a threat to national security. Security agencies were allowed to do this not only if the threat was to the United States of America only, but also if requested by another country. The bill was introduced to congress by Senator Ted Kennedy in 1977. According to Liu (2011), on December 2005, during the bush administration, the act gained public awareness after an article “warrantless wiretapping” that blew the whistle on the National Security Agency’s (NSA) domestic surveillance without proper or any court warrants.

According to Levy (2007), there have been various amendments on the Foreign Service Intelligence Act (FISA). One of the significant amendments is the Terrorist Surveillance Act of 2007. This amendment was introduced by senators Olympia Snowe, Linsey Graham, Chuck Hugel and Mike DeWine. According to the act, the President of the United States of America was given limited authority to mandate gathering of intelligence through electronic surveillance of people suspected to be involved in terrorism activities in the United States of America.

The act however limited the President authority by establishing a congressional oversight. In the same year senator Arlen Specter together with Senator Dianne Feinstein introduced the National Security surveillance bill and Foreign Intelligence Surveillance Improvement and Enhancement bill which were later approved and enacted by congress the same year. The act s allowed for warrantless surveillance and appointed FISA as the body to gather foreign intelligence.Another important amendment was the 2007 Protect America Act.

President Bush persuaded congress to enact a law that would limit restriction of FISA where the subjects under surveillance involve intercontinental communication. The act allowed the National Security Agency (NSA) director with advice from the attorney general to authorize surveillance of people assumed to be a threat to national security, and were believed not to be in the United States of America. The surveillance was to be carried out for a maximum of one year.There have been different legal opinions on the interpretation and the application of the Foreign Intelligence Surveillance Act.

Some legal experts believe that due to amendments, changes in definitions like electronic surveillance could be a loophole for the government to conduct unwarranted seizers of computer and communication devices. This is considered as simply violating ones rights. The Supreme Court has been hearing cases that question the legality on which FISA violates the privacy of citizens. The most recent being case number 11-1025, brought forward by the American Civil Liberties Union (ACLU), (Fagan, 2010).

It is against the amendment of the FISA act in 2008. The suit was presented in court on behalf of journalists, attorneys, legal and human rights activists. The suit is against the government’s authority for mass surveillance as it is allowed by the amendment of the act.ReferencesBerengaut, A. (2012). Supreme Court Hears Oral Argument on Standing Issue in Challenge to FISA Amendments Act of 2008. Covington & Burling LLP. Retrieved on November 14, 2012: from: http://www.

insideprivacy.com/united-states/supreme-court-hears-oral-argument-on- standing-issue-in-challenge-to-fisa-amendments-act-of-2008/Liu, E.C. (2011). Amendments to the Foreign Intelligence Surveillance Act (FISA).Set to Expire May 27 2011. Pennsylvania: Diane.Levy, J. A. (2007). Terrorism Issues and Developments. New York: Nova.