FISA Court Upholds 2007 Surveillance Law

The Department of Justice (DOJ) today hailed the Foreign Intelligence Surveillance Court of Review’s decision to uphold the constitutionality of the 2007 Protect America Act. The ruling clears the way for foreign intelligence surveillance operations conducted under the act.

At issue was a challenge by a private party, who argued that directives issued under the act were unlawful. However, the court found that such surveillance, aimed at targets overseas, fell within the foreign intelligence exception to the warrant requirement and was reasonable under the Fourth Amendment.

The unclassified version of the court’s opinion, originally published in 2008, has now been made public after a classification review process. This decision marks only the second ruling released by the Court of Review since its inception over three decades ago.

While the DOJ celebrated the ruling, privacy advocates expressed concerns that it could set a precedent for expansive government surveillance powers without adequate checks and balances.