Professor Banks argues that the basic framework of FISA should be refashioned.  The 2008 amendments to FISA permit broad, programmatic surveillance focused on patterns of suspicious activity and not on a specific individual.  Banks argues that this broad surveillance is potentially intrusive and unaccompanied by safeguards to protect those whose information is gathered as an incident to the sweeping surveillance.  As a result, he offers some benchmarks for rebuilding FISA that will both improve the efficacy of the surveillance programs and protect those whose information is collected.