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In Re: Sealed Case - No. 02-001: How Congress and the FISA Court of Review Designed an End-Run Around the Fourth Amendment
Woodrow Hartzog University of North Carolina at Chapel Hill - School of Journalism and Mass Communication Jonathan Palmer affiliation not provided to SSRN World Jurist Association Law/Technology Journal, Vol. 36, No. 3, 2nd Quarter 2003 Abstract: This article discusses In re: Sealed Case - No. 02-001 and analyzes the Fourth Amendment implications of the FISA Court’s decision. The article examines FISA as amended by the USA PATRIOT ACT, finding a regulatory scheme that allows law enforcement agencies to potentially circumvent the Fourth Amendment’s protections against unreasonable search and seizure. The authors propose FISA be altered in a way that will satisfy the reasonableness requirement of the Fourth Amendment. Their proposal includes a two-tiered system that differentiates between collecting information for foreign intelligence and criminal prosecutions.
Keywords: FISA, Fourth Amendment, USA PATRIOT Act Accepted Paper SeriesDate posted: September 21, 2009 ; Last revised: March 18, 2010Suggested Citation |
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