Going, Going, Gone: Sealing the Fate of the Fourth Amendment

Citation data:

Fordham International Law Journal, Vol: 26, Issue: 4, Page: 1234

Publication Year:
2002
Usage 622
Downloads 575
Abstract Views 47
Repository URL:
http://ir.lawnet.fordham.edu/ilj/vol26/iss4/12
Author(s):
O'Connor, Michael P.; Rumann, Celia
Publisher(s):
FLASH: The Fordham Law Archive of Scholarship and History
Tags:
International Law; Law
article description
We will begin by analyzing the history of the Foreign Intelligence Surveillance Act (FISA), discuss the context of the two recently published decisions of the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review FISCR, respectively, before analyzing the In re Sealed Case decision in light of the requirements of the Fourth Amendment. Ultimately, we conclude that FISA, as amended by Congress in the USA PATRIOT Act, and as interpreted by the FISCR, is unconstitutional in that it offends the requirements of the Fourth Amendment.