More Legal Review of Al Qaeda Eavesdropping
Orin Kerr of The Volokh Conspiracy has also looked into the recent NSA eavesdropping issue. The depth is certainly better than Hugh Hewitt's posting I mentioned earlier.
Summary? NSA intercepts don't violate the Fourth Amendment, but they may be running afoul of the Foreign Intelligence Service Act (FISA). There is some question as to what kind of intercepts are being performed, which complicates the analysis.
The posting itself is good reading, but don't miss the comments.
Josh Poulson
Posted Tuesday, Dec 20 2005 09:36 AM
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Thank you for the information, Mr. Poulson... This is the second time I recall tonight/this morning that I've seen an online reference to a Volokh analysis on this issue (perhaps this is the same one that I saw linked to before). As for Hugh Hewitt, I haven't seen his view on this, but since it's him, one can expect what it will say. (Just as if it was written by Patrick Ruffini... ;-)
There are many weblogs that were begun during the last year or so... I am glad to have found this one; it's design and interface is certainly quite unique. I wish I had a chance to look more into the spying issue, and look around the web more, but I am having to pull another all-nighter, due to a horrible academic situation. I hope to be back here soon.
Aakash
Posted Wednesday, Dec 21 2005 01:44 AM