An Examination of the Foreign Intelligence Surveillance Act ("FISA"): Past, Present, and Future

This course, presented by seasoned practitioner Joshua Dratel, will offer a primer and practical guidance on the federal Foreign Intelligence Surveillance Act ("FISA"). Though FISA was initially designed for espionage investigations, it became a principal tool for counterterrorism and surveillance after 9/11. There is currently a line of cases challenging specific FISA programs that are percolating through the federal courts. Mr. Dratel will offer a thorough examination of current FISA trends and litigation, and provide practitioners not only with detailed navigation of FISA's structure and programs but also with ideas and examples of how to challenge evidence acquired via FISA. Lastly, the course will also address the developing political climate for FISA - a climate that has experienced ebbs and flows since 9/11.

Learning objectives:

I. Review FISA's background, history, provisions, and mechanics

II. Examine FISA case law fundamentals & trending legal issues in the courts

III. Discuss recent FISA reforms 

IV. Identify current FISA controversies 

V. Provide tips for practitioners challenging FISA-acquired evidence