On Dec. 17, 2019, a Foreign Intelligence Surveillance Court (FISA) judge issued what The New York Times described as an “extraordinary public order” criticizing the FBI for misusing the process to obtain warrants for electronic surveillance on an American citizen (refer to In re Accuracy Concerns Regarding FBI Matters Submitted to the FISC, Docket No. Misc. 19-02). The FISA court was created by the Foreign Intelligence Surveillance Act, hence the term FISA court or FISA judge.

Today’s article is a primer on the required procedure for obtaining warrants from the FISA court to install wiretaps and electronic hearing devices in the investigation of certain persons, and a guide to understanding the current allegations that the FBI has misused that procedure to gain permission to use secret electronic surveillance as described in the foregoing order. I will begin with a short background.