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In Re Directives Pursuant to Section 105B of the Foreign Intelligence Surveillance Act: Judicial Recognition of Certain Warrantless Foreign Intelligence Surveillance*

By: Anzaldi, Matthew A.; Gannon, Jonathan W. | Texas Law Review, June 2010 | Article details

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In Re Directives Pursuant to Section 105B of the Foreign Intelligence Surveillance Act: Judicial Recognition of Certain Warrantless Foreign Intelligence Surveillance*


Anzaldi, Matthew A., Gannon, Jonathan W., Texas Law Review


I. Introduction

Mere hours before adjourning for its August 2007 recess,1 Congress amended the Foreign Intelligence Surveillance Act (FISA)2 and enacted the Protect America Act of 2007.3 Congress took up the measure based upon concerns raised by the Director of National Intelligence (DNI) that FISA required immediate modernization in the face of a "heightened terrorist threat environment" to address the needs of the U.S. Intelligence Community and to remove FISA's "requirement of a court order to collect foreign intelligence about foreign targets located overseas."4 Among other things, the Protect America Act authorized the DNI and the Attorney General to conduct foreign …

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