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Essay Proposes FISA Is Not Adequate to Combat Technology Associated With Terrorism

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Follow-up to yesterday’s posting, Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA Act Introduced Today, see Whispering Wires and Warrantless Wiretaps, by Kim Taipale, N.Y.U. REV. L. & SECURITY, No. VII Supl., “Bulletin: The NSA and the War on Terror,” (Spring 2006).

  • “This essay examines certain implications of employing [automated data analysis technologies] for foreign intelligence surveillance and suggests that the Foreign Intelligence Surveillance Act (“FISA”) is inadequate to address recent technology developments, including: the transition from circuit-based to packet-based communications; the globalization of communications infrastructure; and the development of automated monitoring techniques, including data mining and traffic analysis.”

    • Related documents:

  • Congress Should Address the Substantive Failings in FISA, Says Center for Advanced Studies
  • National Academies Project: Committee on Technical and Privacy Dimensions of Information for Terrorism Prevention and Other National Goals – “This project will address the specific information needs of the government as it faces the challenges of terrorism prevention and threats to public health and safety that arise in the government’s deployment of various forms of technology for broad access to data.”
  • Related postings on domestic surveillance program

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