- According to www.cdt.org, the federal government had the power for legal electronic surveillance long before the PATRIOT Act.
- The Federal Wiretap Act was approved in 1968 and allowed for surveillance of phone calls, emails, pagers, and other electronic media for the purposes of investigating criminal activities. This act, however, required a court order from a judge who reasoned there was probable cause to investigate the individual in question.
- The Foreign Intelligence Surveillance Act of 1978 grants the government the power to monitor aliens or citizens who are believed to either be foreign agents or involved in a terrorist organization. It requires probable cause for the investigation of American citizens, but no such provision is made for aliens. Involvement with a terrorist group, even if it is legal, is enough to allow the government to monitor these people.
- The PATRIOT Act of 2001 broadened many powers, but for the most part, left the foundation of these surveillance acts intact. Provisions for warrentless wiretaps are among the expanded powers.
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