Joel Brenner presents his critique of Professor Laura Donohue’s The Future of Foreign Intelligence, and its “full-throated denunciation of the entire legal framework regulating the government’s collection of data about American citizens and permanent residents.” He discusses her findings in detail, and in the end, finds that they both agree on a number of specific proposals, and “disagree profoundly on FISA’s rationale and constitutional limitations.”
MAJ Peter Combe argues that the covert action statute prohibits the Central Intelligence Agency from violating self-executing treaties to which the United States is party, as well as non-self-executing treaties and customary international law implemented by statute, but it provides domestic legal authority to violate non-self-executing treaties and customary international law that have not been implemented through legislation by Congress. This application of the covert action statute in practice is illuminated through a case study of the legal issues surrounding the Osama bin Laden raid.
David Kris examines recent developments in foreign intelligence surveillance, including the impact of the Snowden leaks and the rise of the Islamic State of Iraq and the Levant on public and political attitudes towards electronic surveillance. In light of these developments, Kris presents several issues that he expects will surface as the 2017 expiration date of the Foreign Intelligence Surveillance Act (FISA) Amendments Act (FAA) draws near. He also addresses the longer-term impacts that other political and technological developments will have on foreign surveillance.