
There is an updated discussion of the issues at Volokh Conspiracy. This discussion really covers several threads so please do your own search on this site. Here is an interesting thread that contains some interesting points.
In the end, it looks like the language (relating to "known persons") of the statute is very important in determining if such spying violates FISA. The referenced cases also outline the Fourth Amendment issues.
Overall, these materials are great reads; even though they are a little difficult to follow at times.
Enclosed are some additional links:
Usama Bin Laden
Congressional Research Services
Presidential Wiretapping
Why the NSA Surveillance Program is Unlawful
FIS Court Opinion
FISA
There are numerous great articles at SSRN; search "NSA" or "warrantless." This is a true resource of value.
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