ABSTRACT

Those familiar with depictions of the Intelligence Community (IC) in the popular media may feel that it is a lawless frontier, bereft of rules and lacking any ethical foundation. However, such is not the case. In fact, myriad rules, laws, and guidelines exist that detail the boundaries that IC agencies must observe in the performance of their duties. As a rule, U.S. persons are granted greater protections from surveillance and other investigative tactics than non-citizens. That said, even suspected foreign spies and enemy combatants receive certain protections. Some of the laws pertaining to the IC include:

National Security Act of 1947 (1947): Established the Central Intelligence Agency and National Security Council; set out the rules for conducting Covert Operations.

Foreign Intelligence Surveillance Act (FISA) (1978): Established procedures for the physical and electronic surveillance of suspected international terrorists and spies.

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) (2001): Passed quickly in the wake of the 9/11 attacks, it redefined rules pertaining to certain procedures, to include searches, electronic surveillance, and National Security Letters.

Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) (2004): Established the position of Director of National Intelligence (DNI), the National Counterterrorism Center (NCTC), and the Privacy and Civil Liberties Oversight Board.