May 23, 2006

SPY PROGRAM

This article is a great read on the subject, and on some of the prior spying "techniques" used by NSA. It also frames the legal issues very nicely.

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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