Foreign Intelligence Surveillance Act Faces Constitutional ChallengesThe constitutionality of the Foreign Intelligence Surveillance Act of 1978 has come to light. This legislation was updated to make it apply to current technology including electronic communications. This legislation is to formally amend the Foreign Intelligence Surveillance Act of 1978 to modify the standard of proof for issuance of orders regarding non-United States persons from probable cause to reasonable suspicion. However, the question has arisen of whether or not this legislation or more importantly its amendment is able to withstand constitutional scrutiny and whether or not the FISA Court of Review is able to use an “enumerated” power of determining whether or not the FISA is constitutional or not.
The following questions have been addressed in this article:Is this difference in the standard of proof very much different?
Can the constitutionality of the FISA be challenged by a non-governmental entity?
Can the FISA pass constitutional muster?