By: Bio Kim
Following 9/11 the U.S. government went through extensive reforms to improve the communication and coordination between intelligence officials and law enforcement authorities. The recent Boston Marathon bombing provides a small window into the inner workings of agencies involved in national security. Even though Judge Posner criticized the dual nature of the FBI in conducting both domestic intelligence investigations and criminal investigations, the FBI has evolved by assuming a greater role as a domestic-intelligence-gathering agency.
In tandem with the FBI wearing both hats, the FISA walls, which proved to be a great source of confusion before 9/11 in the sharing of information, have been largely dismantled. The agencies involved in national security now have at their disposal an expanded legal and technical resources. This course of development owes to the increased acceptance by the public of heightened government searches and seizures in the face of terrorism.
Nevertheless, there is also a valid concern that the government could be abusing its power at the cost of people’s privacy. Part of this fear comes from the fact that the Foreign Intelligence Surveillance Court’s (FISC) opinions are kept secret. It is worth noting that even though it is also true that the unique nature of FISC dictates that it “operates primarily in secret” to ensure the “proper functioning of the FISA process,” the FISA court has not definitively concluded that FISA meets the Fourth Amendment requirements. In re Sealed Case.
More information available at:
http://www.govexec.com/technology/2013/04/how-government-searches-boston-marathon-bomber/62613/
http://www.wired.com/threatlevel/2013/04/secret-surveillance-court/