Approved For Release 2008/09/15 : CIA-RDP86B00338R000200330014-1
APPENDIX B
CoMPARISON WITH TITLE III WARRANTS
Although FISA is patterned after Title III of the Omnibus Crime
Control and Safe Streets Act of 1968, which authorizes and regulates electronic surveillance for law enforcement purposes, there
are the following significant differences, among others:
Title III requires a finding of probable cause that the target “is
committing, has committed, or is about to commit” one of the enumerated offenses. FISA, for most U.S. person targets, requires a
finding of probable cause that certain intelligence activities, which
“may involve” a criminal violation, are being conducted on behalf
of a foreign power.
Title III warrants must be renewed every 30 days. FISA permits
suveillances of individuals for up to 90 days and of some foreign
powers for up to one year.
Title III requires that notice of the surveillance be given to the
target not more than 90 days after the termination
of the surveil-
lance. FISA requires notice to the target only if evidence obtained
or derived from the surveillance
ecution of the target.
is to be used
in a criminal
pros-
Title III warrants are issued by whichever of the 515 federal district court judges has territorial jurisdiction over the site of the
surveillance. FISA warrants are issued by one of the seven federal
judges sitting on the FISC,
tion.
each of whom
has nationwide jurisdic-
(12)
Approved For Release 2008/09/15 : CIA-RDP86B00338R000200330014-1