S.A. PATRIOT ACT are problematic because they do not provide adequate controls to ensure that investigative methods and procedures appropriate under some circumstances cannot be used in circumstances where they are inappropriate under U.S. law.
4. What is the FISA Court? Explain how it works. What authorities can it grant law enforcement? How is it different from traditional courts? What concerns exist about expanding the use of FISA?
The Foreign Intelligence and Surveillance Act of 1978 (FISA) was established to regulate the use of surveillance by the executive branch of government in the wake of various unconstitutional investigations conducted by the Nixon administration in connection with monitoring political rivals and government opposition groups. The FISA Act authorized the covert monitoring of information and communication exchanges of entities of foreign governments engaged in espionage and intelligence collection activities in the U.S. pursuant to review by the FISA Court. In 2001, the FISA Act was amended to allow for governmental surveillance of entities not specifically connected to any foreign nation provided those entities were involved in communications or activities posing a grave risk of harm to the U.S. including those associated with international terrorism. The FISA court established a court to review government surveillance must certify applications for the covert interception of or access to information and communications authorized by the president through the attorney general.
The primary concerns about FISA relate to the absence of any warrant application prior to surveillance and the adequacy of limitations and controls to ensure that surveillance mechanism it provides do not exceed their legal scope. Those concerns were illustrated very recently by former National Security Agency (NSA) intelligence analyst Russell Tice who publicly revealed the extent to which the NSA misused authorization for covert surveillance by intercepting telephone records of ordinary Americans. Those misuses also included the deliberate targeting of journalists considered to be hostile to the Bush presidential administration.
5. How has aviation security changed since 9/11? What were the provisions of the Aviation...
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