Sunday, November 7, 2004
University of Idaho Professor Richard Henry Seamon and independent scholar William Dylan Gardner ask in the Harvard Journal of Law and Public Policy: Does (Should) The Patriot Act Raze (or Raise) the Wall Between Foreign Intelligence and Criminal Law Enforcement?
The abstract of their paper begins:
"Some blame the United States' failure to prevent the 9/11 terrorist attacks on a "wall" between foreign intelligence and criminal law enforcement activities. That wall is commonly believed to have had a statutory basis that was eliminated by USA PATRIOT Act provisions amending the Foreign Intelligence Surveillance Act of 1978 (FISA). According to a recent decision by the Foreign Intelligence Surveillance Court of Review, however, the Patriot Act actually created, for the first time, a statutory foundation for the wall that did not exist before. Under the Court of Review's admittedly "paradoxical" interpretation, the Patriot Act does not raze – rather, it raises - a wall between foreign intelligence and criminal law enforcement. "
The paper is available here.