Introduction During the 1960’s and 1970’s the United States (US) Intelligence Community (IC) conducted illegal operations and missions within in the borders of the United States and abroad. Particular the 1970’s; was a time that proved to be a destructive period of time for the whole entire IC due to the scandals (Watergate, Operation Shamrock, and Minaret) that were operated at the time. The most damaging claim against the Intelligence Community was the illegal spying on United States citizens (Vietnam War Protesters, Civil Right Activists, etc) in-turns which is a direct violation of the Fourth Amendment of the US Constitution. There were several Congressional (Pike, Rockefeller & Church) Committees/Commissions that lead to sweeping changes…show more content… These positive benefits stem from the original context and the amendment of FISA, which empowers not just the Intelligence Community but the FBI to conduct both intelligence and criminal investigations. The following are the positives (benefits) of Section 102: Pros:
• The Attorney General (AG) and Direct of National Intelligence (DNI) on the behalf can authorize the electronic surveillance of foreign communications up to one year without proper authorization “court order” from the FISC.
• Acquisition of the foreign technical communication and intelligence that is not spoken (Cyber, RF, Cellular, Fiber, etc) of individuals or foreign powers between one another.
• Access information or intelligence that is stored on foreign soil (Data Centers or Internet Service Providers).
• Confirm collection of US persons not allowed even if its originates or destined to the US.
• Establishing proper procedures and oversight at every level within the Intelligence Community and is report to Congress. Must be report any abuse to both House Permanent Select Committee on Intelligence (HPSCI) and Senate Select Committee on Intelligence…show more content… • Access telecommunication equipment on foreign soil that may or may not have US person’s personal data which would be violation of that the person’s Fourth Amendment.
• Even though Oversight and Compliance is establish, the over burden of oversight at every level of the operations from the Intelligence Community to include the Department of Defense all the way up to Congress, may be negative impact the mission of monitor or surveillance of the target.
• Even though compensation is available to the telecommunications corporations who provide support may not have the legal protection from the government in civil courts.
Great debates a have stemmed about protecting US citizens’ Fourth Amendment, the Foreign Intelligence Surveillance Act of 1978 was enacted to protect those rights of all Americans regardless of where they are located in the world. FISA has been updated several times over the years, to stay current with current technology trends and section 102 allows for this to happen. Section 102 allows for electronic surveillance of foreign communications and the collection of this intelligence world-wide and possibly within the US; it grants the collection of intelligence or information that is not spoken but transmitted (RF, Cyber, Cellular, etc). This section also outlines the