Bush Signs FISA Amendment Into Law
As Marty Lederman noted,
The key to understanding the FISA bill is that it will categorically exclude from FISA's requirements any and all "surveillance directed at a person reasonably believed to be located outside of the United States," even if the surveillance occurs in the U.S.; even if the surveillance has nothing whatsoever to do with Al Qaeda, terrorism or crime; and, most importantly, even if the surveillance picks up communications of U.S. persons here in the States -- indeed, even if the surveillance is in part designed to intercept U.S. communications, so long as it is also "directed at" someone overseas.
....The amendment means, I think, that as far as statutory law is concerned, all of our international phone calls and e-mails can be surveilled, without exception, as long as the surveillance is in some sense "directed at" a person overseas.
Among those who sued over the warrantless NSA program were U.S. lawyers representing clients charged with terror offenses. At the time the suit was brought, lawyer Nancy Hollander, one of the plaintiffs, wrote:
|< U.S. Soldier Gets 110 Years for Role in Mahmoudiya Rape and Murders | It's Wrong to Shield the Executioner >|