Foreword: The NSA and the Legal Regime for Foreign Intelligence Surveillance

I/S: A Journal of Law and Policy for the Information Society, 9 ISJLP ___ (2014 Forthcoming)

Ohio State Public Law Working Paper No. 228

43 Pages Posted: 27 Nov 2013  

Peter M. Shane

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: November 25, 2013

Abstract

This paper introduces a symposium, to be published in I/S: A Journal of Law and Policy for the Information Society, 9 ISJLP __ (2014), entitled, "NSA Surveillance: Security, Privacy, and Civil Liberty," which appears online in working draft form. The paper traces the history of electronic surveillance law by way of explaining how our laws have evolved to a stage where lawyers could plausibly defend the government’s entitlement to capture and store an immense volume of our telephone and online communications, as well as metadata about both. It goes on to introduce the other papers in the symposium and concludes by arguing the importance of executive branch acquiescence in such statutory limits as Congress may impose on national security surveillance as it affects Americans.

Keywords: NSA, FBI, surveillance, warrantless surveillance, foreign intelligence, fourth amendment

Suggested Citation

Shane, Peter M., Foreword: The NSA and the Legal Regime for Foreign Intelligence Surveillance (November 25, 2013). I/S: A Journal of Law and Policy for the Information Society, 9 ISJLP ___ (2014 Forthcoming); Ohio State Public Law Working Paper No. 228. Available at SSRN: https://ssrn.com/abstract=2359558 or http://dx.doi.org/10.2139/ssrn.2359558

Peter M. Shane (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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