Question

Any judge or justice of the peace has the authority to authorize the use of electronic surveillance under provisions of the USA patriot Act and the foreign intelligence surveillance act

true
false

Answer 1

-The FISA Act of 1978 allowed federal or intelligence agents to use electronic and physical surveillance ONLY to gather foreign intelligence on foreign powers and their agents and Americans suspected of working with them.

-Only a judge in a Foreign Intelligence Surveillance Court (FISC) can approve a request for surveillance actions and is secret.

-The Patriot Act allows the FBI even more authority to use surveillance on foreign AND American as long as they say it’s related to terrorism.

-Any district judge can issue surveillance warrants under the Patriot Act.

-so FALSE. Regular district judges can rule on Patriot Act warrants. FISA warrants have to be approved by a special court.