George W. Bush

Five years in prison

The law via Atrios:

* FISA makes it a crime, punishable by up to five years in prison, to conduct electronic surveillance except as provided for by statute. The only defense is for law government agents engaged in official duties conducting “surveillance authorized by and conducted pursuant to a search warrant or court order.” [50 U.S.C. § 1809]

* Congress has specifically stated, in statute, that the criminal wiretap statute and FISA “shall be the exclusive means by which electronic surveillance . . . and the interception of domestic wire, oral, and electronic communications may be conducted.” [18 U.S.C. § 2518(f)]

* The target of a FISA wiretap is never given notice that he or she was subject to surveillance, unless the evidence obtained through the electronic surveillance is ultimately used against the target in a criminal trial.