An Illusion of Safety: Why Congress Should Let FISA's Lone Wolf Amendment Expire

Abstract

FISA’s lone wolf amendment is set to expire on December 15, 2019. Created after 9/11 to address evolving threats, specifically lone wolf terrorists, it expanded the government's ability to obtain FISA surveillance warrants for supposed lone wolves. However, since its enactment, it has apparently never been used in the course of an investigation, despite the significant number of lone wolf attacks. Moreover, it is not clear that the lone wolf amendment was originally needed, or that it has the ability to effectively confront the lone wolf threat. This Note argues that Congress should critically evaluate the lone wolf amendment, use this as an opportunity to exercise its oversight role, and let the lone wolf amendment expire.