Outside Publication

International Eavesdropping Authority Expanded

October 2007
MultiMedia und Recht, October 19, 2007 — Washington counsel Dr. Axel Spies authored the article “International Eavesdropping Authority Expanded,” which summarizes amendments to the Foreign Intelligence Surveillance Act (FISA), approved in August by the U.S. Congress. FISA provides oversight of foreign intelligence measures executed by U.S. law enforcement to fight terrorism, though, according to Spies, this oversight does not apply if an individual who is accused of eavesdropping is located outside of the U.S. He added, telecommunications network operators and providers are required to assist law enforcement but are shielded against lawsuits in the U.S., and are reimbursed for the measures "at the prevailing rate." According to Spies, reactions to FISA in Europe have been negative because the new provisions could target European citizens and have been adopted without prior consultation with the European Union.

This article was originally published by Bingham McCutchen LLP.