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Week 2 Individual

In: English and Literature

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NSA Surveillance

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Summary number one Authors Katyal and Caplan (2008) wrote an article for the Stanford Law Review that strengthens the idea that National Security Agency surveillance programs operating independently of external authorization or even knowledge of the Executive branch has a surprising level of legality based upon the precedence set by former president Franklin Delano Roosevelt. The divulgence of information obtained without authorization from either the sender or receiver was expressly prohibited via the telecommunications act of 1934. The FDR administration interpreted that wiretapping was legal as long as the information was not divulged. Subsequently, many legal battles began and congress as well as the Supreme Court began inhibiting surveillance by the government in favor of constitutional protections and rights. This led to emergence of secretive surveillance by the FDR administration. The Foreign intelligence and surveillance act of 1978 sought to legaly reintroduce surveillance but in most cases required judiciary authorization. There are some exceptions written into the act that allows surveillance but for limited periods of time and/or requiring congress to formally declare an act of war. Previous precedence of the FDR administration and loopholes within the FISA act was basis for the Bush administration to carry on the legacy of unauthorized and unknown surveillance. Likewise, during this administration the Patriot Act was written and included language that further allowed surveillance beyond the scope of authorization required by the FISA act.
Summary number two During the fall of 2011, Kisswanni wrote for The International Lawyer about the need for telecommunications interception and access regulations that are reasonable and do not necessarily violate individual rights. The…...

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