Such an investigation of a U.S. person may not be conducted solely on the basis of activities protected by the First Amendment to the Constitution. This report discusses the creation and structure of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Court of Review and their respective jurisdictions. Membership and Structure of the U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review

Section 103 of the Foreign Intelligence Surveillance Act, as amended, 50 U.S.C. The Chief Justice publicly designates one of the FISC judges to be presiding judge. 2002), which is the first opinion the court has issued. Jurisdiction of the U.S. Foreign Intelligence Surveillance Court

		Electronic Surveillance and Physical Searches

The FISC has jurisdiction to hear applications for and to grant court orders approving electronic surveillance or physical searches anywhere in the United States to obtain foreign intelligence information under FISA.
The national debate regarding the National Security Agency's Terrorist Surveillance Program (TSP) focused congressional attention on the U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review created by the Foreign Intelligence Surveillance Act. Congressional interest in these courts has been heightened by the January 17, 2007, letter from Attorney General Gonzales to Chairman Leahy and Senator Specter advising them that a Foreign Intelligence Surveillance Court judge had "issued orders authorizing the Government to target for collection international communications into or out of the United States where there is probable cause to believe that one of the communicants is a member or agent of al Qaeda or an associated terrorist organization," stating that all surveillance previously occurring under the TSP will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court, and noting that the President has determined not to reauthorize the TSP when the current authorization expires. This report examines the creation, membership, structure, and jurisdiction of these courts. It will be updated as subsequent events may require.