Justice Department Gives Domestic Spying Responsibilties to Foreign Intelligence Surveillance Court

The Justice Department has decided to give an independent body the authority to monitor the government's controversial domestic spying program.^[1] The program was secretly launched in 2001 to monitor international phone calls and e-mails to or from the United States involving people suspected by the government of having terrorist links. ^[2]

Attorney General Alberto Gonzales said this authority has been given to the Foreign Intelligence Surveillance Court and that it already has approved one request for monitoring the communications of a person believed to be linked to a terror group.^[3]

''As a result of these orders, any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court,'' Gonzales wrote in a two-page letter to Senators Patrick Leahy, and Arlen Specter.^[4] Gonzales continued, ''Accordingly, under these circumstances, the President has determined not to reauthorize the Terrorist Surveillance Program when the current authorization expires.''^[5]

The United States Foreign Intelligence Surveillance Court (or FISC) is a U.S. federal court authorized under 50 U.S.C. § 1803. It was established by the Foreign Intelligence Surveillance Act of 1978 (FISA).^[6] The FISC oversees requests for surveillance warrants against suspected foreign intelligence agents inside the United States by federal police agencies (primarily the F.B.I.).^[7] The FISA and FISC were inspired by the recommendations of the Church Committee.^[8]

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^[1] Lara Jakes Jordan, Independent body to monitor spying program, Associated Press (via MSNBC), January 23, 2007.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Federal Judicial Center, http://www.fjc.gov/history/home.nsf/page/fisc_bdy!OpenDocument&Click= (last visited Jan. 23, 2007); see also The Federation of American Scientists, http://www.fas.org/irp/agency/doj/fisa/court2006.html (last visited Jan. 23, 2007).
^[7] Id.
^[8] Id.