This advanced, practice-focused seminar examines the role of the Foreign Intelligence Surveillance Court (FISC) and the broader Foreign Intelligence Surveillance Act (FISA) framework in authorizing and overseeing U.S. surveillance and intelligence activities. The course explores how classified judicial processes interact with executive branch operations, national security priorities, and constitutional protections.
Students will analyze how lawyers advise intelligence agencies, the Department of Justice, technology companies, and courts in navigating surveillance authorities, warrant applications, compliance obligations, and legal challenges. The course focuses on the practical mechanics of obtaining and executing surveillance orders, managing classified information, and responding to oversight and litigation.
The seminar treats FISA practice as a high-stakes, behind-the-scenes legal discipline, where secrecy, speed, and constitutional limits intersect. Students will develop practical skills in legal analysis, risk assessment, and advising in intelligence-driven environments.
This course assumes prior study of constitutional law, national security law, or criminal procedure.
Course Objectives
By the end of the course, students should be able to:
1. Understand the structure and function of FISA and the FISA Court.
2. Analyze legal standards for surveillance and intelligence collection.
3. Evaluate the role of judicial oversight in national security operations.
4. Understand warrant application and approval processes.
5. Assess constitutional implications of surveillance programs.
6. Navigate compliance and reporting obligations.
7. Evaluate legal risks for government and private actors.
8. Advise clients on surveillance-related legal issues.
9. Analyze oversight and accountability mechanisms.
10. Apply legal principles to real-world intelligence scenarios.
