Search

In light of the United States' recently elevated attention to terrorism, the issue of national security has become of great importance to the American public in recent years. The Foreign Intelligence Surveillance Court (FISA) is one of the most significant courts in the judiciary to deal with such issues. Curiously, the business of the court is very different in comparison to other federal courts. The problem is attempting to balance important national security issues with ensuring that civil rights are not violated due to the secret nature of the court. The paper delves into analyzing known functions of the court, reasons for secrecy, structural issues, the quasi-executive nature, affects of the Patriot Act,wiretapping issues and purpose as stated in the Foreign Intelligence Surveillance Act of 1978. In doing so, we reveal problems that arise with lack of oversight, the non-adversarial process, the structure of the court, ex parte opinions, and the constitutional and civil liberties issues in general. We believe the court could be structured otherwise and still achieve national security objectives. Among the suggestions are using a panel of judges, a Special Amicus to represent the accused, and doing away with the current appeals process the court has. Our arguments are normative due to the secrecy of the court, and our suggestions will promote legitimacy and accountability within the FISA Court. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]