SSTLR

By Steven J. Porizo

PROLOGUE:
Please note that at the time this paper was completed, the Sixth Circuit had not yet rendered their appellate decision for the controversial ACLU v. NSA case that this note is largely based upon. However, on July 6, 2007, the Sixth Circuit finally decided the case. The Sixth Circuit dismissed the case, essentially ruling the plaintiffs in the case had no standing to sue because they could not state with certainty that they had been wiretapped by the NSA. The ACLU appealed the Sixth Circuit’s decision to the U.S. Supreme Court, who denied certiorari, effectively ending the dispute in favor of the government.

ABSTRACT:
On September 11, 2001, the United States was attacked by al-Qaeda terrorists killing over 3,000 Americans, and instilling fear in millions more. Both Congress and President Bush reacted to this tragic and brutal crime by implementing measures to identify and bring to justice those who were responsible for such terrorist acts.

In an attempt to protect the lives of U.S. citizens home and abroad, President Bush implemented the Terrorist Surveillance Program (TSP). The National Security Agency (NSA) administered the TSP unbeknownst to Congress and the public until a December 2005 New York
Times article “blew the lid off” the TSP. After the article was published, Bush acknowledged the existence of the TSP, and conceded that it operated within the U.S. without warrants. The TSP has become the subject of charged debate and criticism, as well as lawsuits filed by civil liberties groups.

The TSP is a high-tech communication signals intelligence program that we still know little about since it remains highly classified to this day. However, we do know that the TSP, by using classified and extremely cutting edge technology, “intercepts without benefit of warrant or other judicial approval, prior or subsequent, the international telephone and internet communications of numerous persons and organizations within this country.” The government on several occasions indicated that the TSP has been in place from at least 2002.

Legal analysis related to the validity of the TSP is an important and contemporary issue. Even at the writing of this paper, the background of this issue was evolving. Most notably, a case that directly challenged the legality of the TSP was decided against the government in a federal District Court and was subsequently appealed to a U.S. Circuit Court, which will render a decision about the case shortly. This is an issue that should concern all Americans as it directly impacts the government’s ability to protect its citizens home and abroad, yet also raises privacy concerns that all individuals cherish. Understanding the legal contours of the TSP requires finding a very delicate balance between these two paramount and fundamental objectives. In this case, it appears that the government’s need for intelligence to protect the U.S. and its citizens against future terrorist attacks takes precedence over individual’s privacy interests.

NOTE: Footnotes in this abstract were omitted.