This legal article argues that warrantless electronic surveillance by the government, even for national security purposes, violates the Fourth Amendment’s protection against unreasonable searches.
The author examines the history of the Foreign Intelligence Surveillance Act (FISA) and the Foreign Intelligence Surveillance Court (FISC) as a response to past abuses of unchecked government power. The article contends that the FISC is necessary to balance national security needs with the protection of individual privacy rights, and that the “foreign intelligence exception” to the Fourth Amendment’s warrant requirement should be completely abandoned.
The author asserts that reliance solely on FISC-approved surveillance would enhance public trust and accountability in government intelligence gathering.
