January 10, 2006
Foreign Intelligence Surveillance Act Background Resources
If executive authority becomes as important a topic in the Alito confirmation hearings as many pundits believe, the follow resources on the Foreign Intelligence Surveillance Act of 1978, ("ISA") Pub. L. No. 95- 511, 92 Stat. 1783 (codified as amended at 50 U.S.C. §§ 1801-1811, 1821-1829, 1841-1846, 1861-62), may provide some useful background information. In light of the domestic spying scandal, Alito's views on ISA, which establishes a legal regime for "foreign intelligence" surveillance separate from ordinary law enforcement surveillance, may be the issue that garners Republican votes against his confirmation.
- CR'S Report on The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions (Updated April 21, 2005) (pdf)
- Intelligence-related Law Articles Bibliography (FISA, EO 12,333, assassination, FOIA, etc) by Mike Yared (Sept. 25, 2001)
- EFF's FAQ on the Foreign Intelligence Surveillance Act
See also Samuel Alito v. James Madison by John Nichols, The Nation On line Beat. I usually avoid citing to The Nation because the articles can be too inflammatory in their myopic "we're right, you are the village idiot" rants but not this time...
Grab some scratch paper to tally the number of times Alito is asked about the legality of domestic spying under ISA.
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