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.
Michael P. O'Connor and Celia Rumann,
Going, Going, Gone: Sealing the Fate of the Fourth Amendment,
26 Fordham Int'l L.J. 1234
Available at: http://ir.lawnet.fordham.edu/ilj/vol26/iss4/12