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Sunday, December 18, 2005


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You claim that, "A FISA warrant is only needed if the subject communications are wholly contained in the United States and involve a foreign power or an agent of a foreign power." According to Section 1802 B of FISA, however, the President may only authorize electronic surveillance without a court order if the Attorney General, "certifies in writing under oath that . . . there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party."

Section 1802 of FISA identifies the conditions under which the President may authorize electronic surveillance without a court order, and it seems to me to exclude the surveillance of American citizens. What is an alternate reading?

For reference: http://caselaw.lp.findlaw.com/casecode/uscodes/50/chapters/36/subchapters/i/sections/section_1802.html

The Owner's Manual

I sent a trackback, but know not where it fell. Anyway, i referenced your excellent article in a post.

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