The New FISA Law and the Construction of the National Surveillance State

Slate's blog on legal issues.
July 10 2008 8:30 AM

The New FISA Law and the Construction of the National Surveillance State

 

We have been covering the features of the new FISA act over at Balkinization ( here , here , here , and here ), and I won't repeat that analysis here. I continue to think that the new procedures in Title I are far more worrisome than Title II, the immunity for telecom companies. But in this post Iwant to say a few words about the larger meaning of what has happened.

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Jack M. Balkin is Knight professor of constitutional law and the First Amendment at Yale Law School.