Court Approves 100 Percent of 2010 Surveillance Requests

The Foreign Intelligence Surveillance Court approved 100 percent of the government’s requests to electronically monitor suspected foreign “agents” or terrorists in the United States in 2010, according to a two-page report released by the Justice Department.

The court, which was set up in 1978 under the auspices of the Foreign Intelligence Surveillance Act (FISA), conducts closed hearings in which the government is the only party. In exceptional cases, the Attorney General has the authority to conduct warrantless electronic surveillance if time does not allow for filing a request, with the understanding that a request will be filed within 72 hours. It is rare for surveillance requests to be denied. In 2009, only two requests were denied, and the first-ever appeal was made in 2004.

The American Civil Liberties Union (ACLU) and other human rights and legal groups have argued that the court is “rubber stamping” warrant requests, something that is, or can lead to, an abuse of power. But government officials deny allegations of rubber stamping, claiming that FISC procedures are so well known that applications are only submitted if they are likely to be approved.

Whether rubber stamping is taking place is up for debate, but the public has legitimate cause for concern. In 2005, the Terror Surveillance Plan, a warrantless monitoring program implemented by President Bush in the wake of the September 11 attacks, was exposed and caused an uproar among the public. The Bush administration admitted it was electronically surveying Americans communicating with individuals abroad believed to be linked to terrorism. This was done without warrants and without the judicial oversight required by FISA.