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by dragonwriter 535 days ago
> You put orders in quotes, but that’s what they are called, because it is illegal and inaccurate to call them warrants, because warrants per 4A are issued only upon probable cause.

Orders authorizing foreign intelligence surveillance purposes under FISA are warrants, and are often called warrants, and they, like all warrants, are issued only on probable cause. (It is not improper to call them “orders”, and they are often referred to that way, as well, it is just less specific; all warrants are [court] orders, but not all court orders, much less all orders more generally, are warrants.)

https://bja.ojp.gov/program/it/privacy-civil-liberties/autho...:

—quote—

Subchapter I of FISA established procedures for the conduct of foreign intelligence surveillance and created the Foreign Intelligence Surveillance Court (FISC). The Department of Justice must apply to the FISC to obtain a warrant authorizing electronic surveillance of foreign agents. For targets that are U.S. persons (U.S. citizens, permanent resident aliens, and U.S. corporations), FISA requires heightened requirements in some instances.

* Unlike domestic criminal surveillance warrants issued under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (the “Wiretap Act”) , agents need to demonstrate probable cause to believe that the “target of the surveillance is a foreign power or agent of a foreign power,” that “a significant purpose” of the surveillance is to obtain “foreign intelligence information,” and that appropriate “minimization procedures” are in place. 50 U.S.C. § 1804.

* Agents do not need to demonstrate that commission of a crime is imminent.

* For purposes of FISA, agents of foreign powers include agents of foreign political organizations and groups engaged in international terrorism, as well as agents of foreign nations. 50 U.S.C. § 1801

—end-of-quote—