New research on foreign intelligence surveillance/wiretapping

[Dave Farber <dave () farber net>]

...... Forwarded Message .......
From: Peter Swire <peter () peterswire net>
To: dave () farber net
Date: Wed, 08 Sep 2004 11:50:34 -0400
Subj: New research on foreign intelligence surveillance/wiretapping

Dave:

        Earlier today you posted one of my current research papers on
secrecy/openness that a reader sent you.

        Here is a link to the other new paper, "The System of Foreign Intelligence
Surveillance Law."

        http://papers.ssrn.com/sol3/papers.cfm?abstract_id=586616

        Last year, for the first time, more wiretap orders were issued in the
United States under the Foreign Intelligence Surveillance Act than for all
law enforcement actions.  This paper gives the most thorough discussion to
date of the history and theory of the special laws and institutions used for
foreign intelligence surveillance.  It analyzes the major changes in the
USA-PATRIOT Act, most of which sunset at the end of 2005.  It then provides
a number of proposals for reform.

        As part of the overhaul of the U.S. intelligence system, there should be
more discussion of the legal rules that govern intelligence activities
conducted within the United States.  There are compelling reasons to keep
much of this surveillance activity secret.  There are also compelling
reasons to create effective checks and balances in the system, so that
secret surveillance powers do not slide into abuses of those powers.  As key
FISA provisions sunset in 2005, this paper seeks to provide a basis for a
more informed public debate.

        Best,

        Peter

Prof. Peter P. Swire
Moritz College of Law of the
    Ohio State University
John Glenn Scholar in Public Policy Research
(240) 994-4142; www.peterswire.net


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