Israel proposes law to rein in FISA court

Bill San Antonio

In an effort to increase the transparency of the Foreign Intelligence Surveillance Court, Rep. Steve Israel (D-Dix Hills) on Thursday proposed new legislation that would reform the way in which the court’s judges are elected as well as the disclosure requirements of the court’s decisions.

The legislation, called the FISA Court Oversight Underscoring Responsibility and Transparency Act, would divide the court’s judicial appointments between the three branches of the U.S. government to implement a checks and balances system into the process so no single branch of government or political party has too much power, according to a news release from the congressman’s office.

It would also make significant FISA Court decisions available to the public, unless their disclosure would harm national security. In those instances, the United States attorney general would be required to publicize the reason for the decisions’ withholding and make an estimate on the number of decisions that could not be shared, according to the release.

“While the measures taken by the National Security Agency and the FISA Court are necessary, they cannot come at the expense of our freedom,” Israel said in a statement. “I have become increasingly frustrated by the culture of secrecy surrounding the FISA Court and believe the public deserves to know the impact of what is discussed behind these closed doors. My legislation will reform the appointment system and increase transparency of the FISA Court to ensure that both our civil liberties and national security are protected.”

The court was established in 1978 by the Foreign Intelligence Surveillance Act to provide oversight on activities concerning the collection of intelligence, including electronic and physical searches. 

The court reviews applications and makes decisions about the authorization of various surveillance activities in investigations related to national security, many conducted by the National Security Agency. 

The court is made up of 11 judges who serve staggered, non-renewable seven-year terms and are currently appointed without a confirmation process or congressional oversight. 

In addition, the court’s hearings and decisions are conducted in secret – unlike major U.S. courts – and without much public interaction, according to the release.

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