Bill of Rights Defense Campaign

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When Does the Government Need a FISA Warrant to Wiretap?

President Bush misled the public and Congress when he justified his administration's violations of the Foreign Intelligence Surveillance Act (FISA) by saying, "If Al-Qaeda is calling you, we want to know why!" According to current law, the government can already intercept most calls Al-Qaeda might make to U.S. residents without a warrant. This chart and the general rules below illustrate the mechanics of determining which call intercepts require warrants.

  1. If they are intercepting communications overseas, whether by targeting an individual or vacuuming up a stream of communications, they don't need a warrant, even if the overseas person is calling the U.S.
  2. If they are intercepting foreign to foreign communications, whether they intercept them in the U.S. or overseas, they don't need a warrant.
  3. If they are targeting people in the U.S., they generally need a warrant.

When Does the Government Need a FISA Warrant to Wiretap?

Source: Bill of Rights Defense Committee and Center for National Security Studies