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How did Section 218 change the requirements for surveillance applications to the Foreign Intelligence Surveillance Court?

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George W. Bush: signing of USA PATRIOT Act — USA PATRIOT Act Pres. George W. Bush signing the USA PATRIOT Act in the East Room of the White House, Washington, D.C., October 26, 2001.

Section 218 of the USA PATRIOT Act significantly altered the requirements for surveillance applications submitted to the Foreign Intelligence Surveillance Court (FISC).

Prior to this amendment, the government was required to certify in its applications that "the" purpose of the requested surveillance was to collect foreign intelligence information. Section 218 removed this strict requirement, establishing that it was sufficient for the government to state that the collection of such information was "a significant purpose" of the surveillance.1

This change was intended to facilitate greater cooperation between law-enforcement and intelligence agencies in cases involving terrorism. However, critics have argued that this provision effectively allowed the Federal Bureau of Investigation to conduct surveillance on U.S. citizens without the necessity of showing probable cause of criminal activity.1