The Foreign Intelligence Surveillance Act (FISA), enacted in 1978, establishes procedures for the surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers suspected of espionage or terrorism. It was created to balance national security needs with civil liberties.
Who It Applies To:
FISA applies to:
- Foreign governments and their agents
- Terrorist organizations
- Foreign-based political organizations
- Individuals, including U.S. citizens, suspected of engaging in espionage or terrorism on behalf of a foreign power
US government agencies that conduct surveillance and intelligence operations, such as the Federal Bureau of Investigation (FBI), the National Security Agency (NSA), and the Central Intelligence Agency (CIA), are required to obtain a FISA warrant to conduct electronic surveillance or physical searches targeting agents of foreign powers within the United States.
FISA Guidelines
FISA sets forth strict guidelines and procedures for surveillance and intelligence gathering, including:
- FISA Court (FISC): Surveillance requests must be approved by the Foreign Intelligence Surveillance Court, a special court established to oversee requests for surveillance warrants against foreign spies inside the United States.
- Warrants: The government must demonstrate probable cause that the target is a foreign power or an agent of a foreign power.
- Minimization Procedures: Measures must be taken to minimize the acquisition, retention, and dissemination of information about U.S. persons.
- Renewal: Warrants must be periodically reviewed and can be renewed if necessary.
- Emergency Provisions: In emergency situations, the Attorney General can authorize surveillance without a court order, but a warrant must be obtained within seven days.
Consequences of Non-Compliance:
FISA remains a critical tool for U.S. national security, providing a legal framework for the surveillance and collection of foreign intelligence while safeguarding the rights and privacy of individuals. Failure to comply with FISA can result in several consequences, including:
- Suppression of Evidence: Evidence obtained in violation of FISA guidelines may be suppressed and cannot be used in legal proceedings.
- Civil and Criminal Penalties: Individuals and organizations found in violation may face civil and criminal penalties, including fines and imprisonment.
- Loss of Credibility: Non-compliance can damage the credibility of intelligence agencies and erode public trust.
- Legal Repercussions: Violations can lead to lawsuits and legal challenges against the government or its agencies.
How Finite State Helps You Comply with FISA
Finite State can complement your data protection efforts by strengthening your data security capabilities, particularly by:
- Enforcing Secure Coding Practices: Seamless integrations into existing CI/CD pipelines automatically analyze source code and compiled binaries for common security vulnerabilities and coding errors. This allows engineers to identify vulnerabilities hidden deep within legacy code and third-party libraries and detect and address issues early in the development process.
- Real-Time Threat Detection: Integrations with vulnerability databases provide up-to-date information on the latest threats and exploits, allowing for the proactive identification of potential risks before they can be exploited.
- Automate Vulnerability Identification: Using our advanced binary and source code SCA, vulnerabilities can be identified as they’re introduced across the SDLC to help teams keep applications secure.
- Comprehensive SBOM Solutions: Automatically generate Software Bill of Materials throughout the SDLC and easily compile detailed information on all components in your products, including open-source libraries, third-party dependencies, and custom code to improve transparency and identify potential security risks in your software supply chain.
Strong cybersecurity requires a collective effort. Talk to the team today to discover how Finite State can help you comply with FISA.