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As Gen. Michael Hayden, the director of the CIA (and former director of the NSA), testified before Congress in 2006, "we do not limit our liberties by exempting from FISA's jurisdiction communications between two persons overseas that get … routed through US facilities." Similarly, Kate Martin, the director of the Center for National Security Studies and a noted civil libertarian, recently acknowledged that "in crafting FISA Congress did not intend to place rules on the monitoring of what has been called 'foreign-to-foreign' communications."

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