This Note examines proposed changes to the Foreign Intelligence Surveillance Court following the NSA leaks by Edward Snowden. Specifically, it analyzes proposed procedural changes to the Foreign Intelligence Surveillance Act that attempt to provide a clear legal standard and effective oversight to ensure that intelligence activity does not undermine the democratic system or civil liberties. This Note argues that a public advocate should be added to FISC proceedings to represent the public’s privacy and civil liberty interests and allow FISC final orders granting surveillance to be appealed to the Foreign Intelligence Surveillance Court of Review by a public advocate. In addition, this Note recommends that changes be made to the FISCR so that it may handle a larger caseload and become a more permanent entity with full-time judges.
The full text of this Note is available to download as a PDF.