Professor Banks argues that the basic framework of FISA should be refashioned. The 2008 amendments to FISA permit broad, programmatic surveillance focused on patterns of suspicious activity and not on a specific individual. Banks argues that this broad surveillance is potentially intrusive and unaccompanied by safeguards to protect those whose information is gathered as an incident to the sweeping surveillance. As a result, he offers some benchmarks for rebuilding FISA that will both improve the efficacy of the surveillance programs.
|Original language||English (US)|
|Number of pages||35|
|Journal||Texas Law Review|
|State||Published - Jun 1 2010|
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