Wednesday, November 7, 2007
Lee on the Legality of the NSA Wiretapping Program
Evan Lee has published an article titled, "The Legality of the NSA Wiretapping Program," which appears at 21 Tex. J. Civ. Lib. & Civ. Rts. 1 (2006)(available from HeinOnline). The article argues that Article II authorizes the Executive Branch to engage in such wiretapping, but that Congress has validly regulated such surveillance by way of the Foreign Intelligence Surveillance Act, and therefore that the program is illegal.