FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW
In 1978,Congress enacted the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C.A. §§ 1800–1829 (West 2003) to prescribe separate procedures for federal agents to follow when conducting foreign surveillance. FISA created two courts with spe-
cial jurisdiction: the Foreign Intelligence Surveil-
lance Court (FISC) and the Foreign Intelligence
Surveillance Court of Review (FISCR). Until
2002, the FISC had never published an opinion,
and the FICSR had never convened.
In 1972, the U.S. Supreme Court admon-
ished Congress that the latter should consider
enacting legislation that differentiated between
criminal investigations and intelligence surveil-
lance designed to provide for domestic security.
United States v. U.S. District Court, 407 U.S. 297,
92 S. Ct. 2125, 32 L. Ed. 2d 752 (1972). When
Congress enacted FISA, it sought to give the gov-
ernment greater power to conduct foreign intel-
ligence without the heightened requirements of
criminal investigations under the FOURTH
AMENDMENT. The FISC was empowered to grant
warrants only to the government, and FISC cases
have generally been held in secret.
The FISC consists of 11 federal district court
judges from the several circuits. These judges are
designated by the chief justice of the U.S.
Supreme Court and serve staggered terms. This
