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Univ. of San Diego School of Law

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Sunday, November 7, 2004

Patriot Act, Intelligence Gathering and Law Enforcement

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.

Jack Chin

http://lawprofessors.typepad.com/crimprof_blog/2004/11/patriot_act_int.html

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Tracked on Nov 9, 2004 6:54:06 PM

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