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Understanding Recent Changes to FISA — A Visual Guide (Flowchart) |

Wed, 16th July, 2008 - Posted by Joshuah

Nice work, from: Ketchup and Caviar

What you’ll see below are two diagrams comparing Old and New FISA. You can click on these thumbnails to see larger images.

I Used the Following resources for these charts:

* The new FISA compromise: it’s worse than you think (by Timothy B. Lee on ars technica)
* A Guide to the New FISA Bill, Parts I, II, III (by David Kris guest blogging on Balkinization)
* FISA Fix Follow-Ups and The Key Questions About the New FISA Bill (by Marty Lederman on Balkinization)
* H.R. 6304: FISA Amendments Act of 2008
* Interview with the ACLU re: constitutional challenge to new FISA law
* See Additional Resources, below

I wanted to know what combinations of the following factors triggered a FISA Warrant requirement under the old and new laws, and which didn’t:

1. Is the Communications Domestic, Foreign-to-Foreign, or Foreign-to-U.S.?
2. What technology is involved in these communications?
3. Is the target located inside or outside the United States?
4. Is the intelligence collected inside or outside the United States

I’m sure I’ve got some of this wrong (let me know), but I think I’ve go the big picture. (I’m leaving out the soon-to-expire Protect America Act, which this bill modifies).

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Category : Police state