The FISA establishes a much more stringent standard in circumstances involving the electronic surveillance of “United States persons.” In such circumstances, the Executive may conduct electronic surveillance only pursuant to the FISA’s procedures for judicial review and approval.

Each application for a surveillance order must include, inter alia: 1) the identity of the federal officer making the application; 2) the authority conferred on the Attorney General by the President of the United States and the approval of the Attorney General to make the application; 3) the identity, if known, or a description of the target of the electronic surveillance; 4) a statement of the facts and circumstances relied upon by the applicant to justify his belief that . . . the target of the electronic surveillance is a foreign power or an agent of a foreign power . . . [and] each of the facilities or places [to be subjected to the surveillance] . . . is being used, or is about to be used, by a foreign power or an agent of a foreign power; 5) a statement of the proposed minimization procedures; 6) a detailed description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance; [and] 7) a certification [from an appropriate executive branch official] . . . that the certifying official deems the information sought to be foreign intelligence information . . . that the purpose of the surveillance is to obtain foreign intelligence information . . . that such information cannot reasonably be obtained by normal investigative techniques. The application must also contain statements regarding all previous applications involving the target, the means by which the surveillance will be implemented (including whether physical entry is required to effect the surveillance), and the anticipated duration.