A CRS Report released Wednesday stated that the constitutionality of Title VII of the Foreign Intelligence Surveillance Act (FISA) is being challenged. FISA provides procedural guidance for physical and electronic surveillance and collection of foreign intelligence information.
As discussed in the CRS Report, in 2008, Congress added Title VII to the Act, creating new and separate surveillance procedures for U.S. citizens abroad as well as non-U.S. citizens. After Title VII was enacted, a group of organizations challenged the procedures as violative of the Fourth Amendment rights of those affected by Title VII. Specifically, the organizations alleged that Congress effectively authorized the acquisition of international communications without probable cause and, thus, without a court order.
However, this issue was never resolved because the government challenged whether the plaintiffs had standing in the dispute. The issue of standing, which is currently pending in the Supreme Court, will have to be determined prior to reviewing the constitutionality of Title VII.
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