Saturday, February 11, 2006

More on FISA . . .

This is a follow-up to the Prof. Lee's FISA posting, but I wanted to post, as opposed to comment.

Either I misunderstood Prof. Kerr's position, when we discussed it in class, or he seems to have flipped sides: The 2 blogs he left about FISA judges seem to criticize them for not giving complete deference to the Executive. Isn't that good? I mean, do we really want members of the judiciary of this highly secret (in a sense that they have very little accountability to the public) court to be authorizing wiretaps on every whim?

Also, here's a plug for Peter Swire, who's speaking this week at the Barrister Club. As Prof. Lee said, he's done a lot of research in the area of FISA, and Internet privacy, and his lecture should be interesting. If you want some background, he wrote a great article on the surveillance laws and the FISA court. You should check it out, if you have 6-7 spare hours . . . Peter P. Swire, The System of Internet Surveillance Law, 72 Geo. Wash. L. Rev. 1306 (Aug. 2004).

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