When the FBI Comes Calling…®
Forms of Surveillance Generally:
DOMESTIC
Domestic Law Enforcement (TITLE III):
Generally considered the primary form of government surveillance, Title III surveillance refers to Title III of the 1968 Omnibus Crime Control and Safe Streets Act. This form of surveillance, reserved for domestic law enforcement investigations, requires a judicial warrant based upon a finding of probable cause that a crime had been, is being, or is about to be committed. The creation of the warrant procedure is an attempt by Congress to ensure judicial oversight on executive authority so as to assure 4th Amendment rights to all under investigation by the federal government for criminal activity.
Domestic Intelligence (FISA):
Acting as a Congressional response to a judicial decision proclaiming that a foreign intelligence exception to the Title III warrant process exists, the Foreign Intelligence Surveillance Act (FISA) established some form of judicial oversight of executive authority without unduly frustrating the President's responsibility to safeguard the nation from attack. The act created a separate and secret court, the Foreign Intelligence Surveillance Court (FISC), which would authorize surveillance of individuals within the United States, deemed to probably be (probable cause) an agent of a foreign government or terrorist organization. Recently, the annual number of FISA applications granted have surpassed the number of traditional Title III warrants.
ABROAD
Law Enforcement Abroad:
Because Title III warrant procedures apply only to domestic investigations, the Supreme Court has ruled that criminal investigations held abroad are bound by the laws of the country that the person being investigated is located. Consequently, the safeguards against invasive search and seizure maintained for individuals within the United States may either be lost or strengthened depending upon the veracity of the given host country.
Intelligence Abroad:
Frequently the first form of surveillance which comes to mind when considering national security, intelligence operations abroad are bound by few restrictions. Guided by a recent Supreme Court Case, US v. Bin Laden (2000), the FBI's intelligence gathering operations require the approval of the Attorney General, while other intelligence entities, like CIA, NSA, and DIA, are regulated by minimal standards provided in President Reagan's Executive Order 12333 and internal regulations within each of the entities.
Forms of Intelligence Gathering: From HUMINT to TECHINT