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22 June 2008 5 Comments

I’ll See Your Wiretap and Raise you Weapons of Mass Destruction: FISA 2008 Analysis

In 1978, Congress passed the Foreign Intelligence Surveillance Act (50 USC § 1801) which was temporarily overridden by the Protect America Act of 2007 (PL 110-55). The Protect America Act was passed as a short-term bill that would legalize what the President was doing illegally by extending Executive powers over wiretapping to allow for wiretaps without warrant. The clarification on this was that warrentless wiretaps were allowed when the target was a non-US citizen outside the United States.

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