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Kaiser, Frederick M. January 25, It has been viewed times. More information about this report can be viewed below. People and organizations associated with either the creation of this report or its content. Serving as both a federal and a state depository library, the UNT Libraries Government Documents Department maintains millions of items in a variety of formats.

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Geographical information about where this report originated or about its content. You Are Here: home unt libraries government documents department this report. Description This report describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field. We use cookies to give you the best possible experience. By using our website you agree to our use of cookies.

Policy Brief: Oversight Mechanisms for Surveillance

Home Contact us Help Free delivery worldwide. Free delivery worldwide. Bestselling Series. A member may also resign. However, an amendment to the JSA made provision for supplementary funding to be met by the Government. Paragraph 3 of Schedule 1 provides that a Minister of the Crown may:. The —16 annual report explained that the ISC is currently supported by four core staff, six staff working on a particular inquiry, and a part-time investigator.

Government Documents on Intelligence: Congressional

This excludes security, IT, telecoms, report publication, accommodation, utilities and centrally-provided corporate services. The Prime Minister must also consult the Scottish ministers. They will be required to keep under review, by way of audit, inspection and investigation, the exercise by public authorities of various statutory functions, including those relating to:.

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  • The IPA sets out further detail of what the report must cover, including:. Funding, staff and facilities for the IPC are provided for by section The Treasury must approve the number of staff. Ministers are responsible for determining applications to carry out certain activities by the agencies.

    These include:. The Tribunal concluded that the Agencies must comply with their own Guidance on the doctrine, which was disclosed for the first time during the proceedings. This makes clear that particular care must be taken to consider whether the interception is necessary and proportionate, and requires that the advice be sought of a legal adviser, the head of the warrantry section and a senior policy officer. The Director-General of the agency concerned must also be informed. Before deciding whether to issue a warrant, the Secretary of State must consult the Prime Minister, via the Cabinet Secretary.

    Congressional Oversight: A Conversation with Jim Jordan

    The Guidance also states that the Wilson Doctrine does not apply to the interception of the communications of a member of a devolved administration. When the relevant provisions come into force, the IPA will introduce a new layer of judicial scrutiny to the process of granting warrants to the Agencies.

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    At present, the relevant Secretary of State is solely responsible for granting warrants, as described above. Under the new procedure, the warrant will not come into force until it has been reviewed by a judicial commissioner. Judicial commissioners are also required to approve decisions to renew or modify these types of warrant. Judicial commissioners will be appointed as members of the office of the IPC. In particular, the following issues arose during debate: []. Leave to appeal must be granted, either by the IPT or the appellate court, on the basis that it would raise an important point of principle or practice, or there is some other compelling reason.

    This provision is yet to come into force and at present there is no domestic route of appeal from a decision of the IPT. As a result, claimants must pursue appeals to the European Court of Human Rights.

    At present there are a number of mechanisms for cooperation between the different oversight bodies. Except where otherwise specified, this section of the paper is based on the information provided about the Australian, Canadian, New Zealand and UK arrangements in the preceding sections. As noted previously, the Congressional Research Service was unable to participate in the preparation of this paper.

    The FISA Court’s Essential Purpose

    Accordingly, the paper does not include a specific section on the US, but information on US arrangements has been included in this section based on research conducted by Cat Barker and Samantha Godec. There are some notable similarities between the intelligence communities of the Five Eyes countries in terms of jurisdiction, function, and discipline:. Nevertheless, there are differences as to which agencies are considered to comprise the intelligence community:.

    Some of the differences between intelligence communities simply reflect differences in the nature or scope of intelligence collection and analysis. Others reflect the way different nations have chosen to define or characterise their intelligence communities. Although development has been staggered, the oversight mechanisms of the intelligence agencies in each of the Five Eyes countries have converged in a number of ways.

    Firstly, the jurisdiction and mandate of almost all the intelligence agencies are now largely governed by statute, which has paved the way for the establishment of oversight mechanisms. Secondly, while intelligence agencies were initially overseen predominantly by the Executive, each country has gradually developed non-Executive oversight mechanisms. Broadly speaking, the majority have developed at least some, if not all, of the following mechanisms in addition to Executive oversight:. Differences between countries in relation to which agencies are taken to be part of the intelligence community have implications for oversight.

    By way of example:. There are potential benefits and risks associated with each approach. Basing a mandate around specific activities means that it automatically keeps pace if additional agencies become involved in those activities, but might mean that the oversight body cannot look deeply at the way an agency operates more broadly. A related issue is whether the key bodies overseeing the intelligence agencies have the jurisdiction to look more broadly at intelligence-related matters that extend beyond those core agencies.

    This is a key issue given the increasing cooperation between the intelligence agencies and the broader national security community, and increased sharing and use of intelligence across governments. Table 2 below compares the extent to which the key bodies in each country are able to examine intelligence-related matters across their respective national governments. There is some scope for at least one of the key intelligence oversight mechanisms in each country to examine broader intelligence and security matters, but in most instances there are also clear limits to that power.

    Oversight of intelligence agencies traditionally sits within the executive branch of government, with responsibility falling to the relevant ministers and ultimately the Prime Minister or President. This is the case for all five countries. In addition to executive review bodies, in Australia, New Zealand and the UK, the responsible ministers exercise executive oversight in respect of certain types of warrants and authorisations. In Australia , responsibility for the intelligence agencies rests with the Attorney-General, ministers for Foreign Affairs and Defence, and ultimately the Prime Minister.

    Ministers are responsible for authorising the use of certain powers, including searching premises; intercepting communications; installing surveillance devices; accessing data on computers; and collecting intelligence on Australian citizens by ASIS, AGO or ASD. In Canada , the ministers for Public Safety and National Defence, and ultimately the Prime Minister, are responsible for national security issues. Beyond ministerial responsibility, oversight of intelligence agencies is largely implemented by two main executive review bodies, which are restricted to making findings and recommendations.