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Full-Text Articles in Law
"The Right Of The People": The Nsa, The Fisa Amendments Act Of 2008, And Foreign Intelligence Surveillance Of Americans Overseas, Jonathan D. Forgang
"The Right Of The People": The Nsa, The Fisa Amendments Act Of 2008, And Foreign Intelligence Surveillance Of Americans Overseas, Jonathan D. Forgang
Fordham Law Review
In October 2008, two former National Security Agency communications analysts told reporters that the NSA used satellite technology to monitor the phone conversations of Americans living in the Middle East. This revelation highlighted an unresolved area of surveillance law—the privacy rights of U.S. citizens against their own government when they are outside the borders of the United States. Though the FISA Amendments Act of 2008 has created a procedure for the judicial review of this type of surveillance, this review is only a general oversight and judges on the Foreign Intelligence Surveillance Court are not required to individually review every …
Protections For Electronic Communications: The Stored Communications Act And The Fourth Amendment, Alexander Scolnik
Protections For Electronic Communications: The Stored Communications Act And The Fourth Amendment, Alexander Scolnik
Fordham Law Review
As e-mail and other forms of electronic communications began becoming widely used, Congress recognized the need to protect these new forms of communication from impermissible intrusion. Unsure whether the flexible approach to determining the extent of Fourth Amendment protections as announced in Katz v. United States would extend to electronic communications, Congress enacted the Electronic Communications Privacy Act (ECPA) to ensure a baseline level of protection. This Note argues that the Fourth Amendment does extend to electronic communications and, therefore, the provisions of the ECPA that allow the government to access certain electronic communications without a search warrant are unconstitutional.