The impact of the USA Patriot Act on collection and analysis of personal information under the Foreign Intelligence Surveillance Act

Abstract

Abstract The collection and analysis of personal information under the Foreign Intelligence Surveillance Act (FISA) has been significantly altered by the U.S.A. Patriot Act, and a proposed enhancement to the Patriot Act would create further changes. This article examines the original intent and scope of FISA, how the Patriot Act has dramatically modified the scope and meaning of FISA, and how the Patriot enhancement, if it were to be enacted into law, would create further significant alterations to FISA. The article explores the impact of these changes on information policy, especially in terms of the collection and analysis of personal information. The implications of these changes to FISA are examined in terms of a number of sources of personal information, including e-government, electronic and transactional records, and libraries. Finally, this article discusses the difficulty in determining the practical effects of these changes to FISA.