All enemies, foreign and domestic: Erasing the distinction between foreign and domestic intelligence gathering under the fourth amendment
|Abstract||Many individuals argue that warrants, whether for domestic or foreign intelligence gathering in the United States, should be required because they provide a check on executive discretion. This Comment challenges that assertion. Instead, it argues that warrants provide only marginal privacy-protecting benefits while imposing real costs on intelligence gathering. Instead of emphasizing warrants in the domestic intelligence gathering context - defined as intelligence gathering against threats with no foreign connections - the Fourth Amendment's reasonableness touchstone should supplant the focus the Supreme Court has placed on warrants and probable cause in determining compliance with the Fourth Amendment. Reasonableness inherently involves the weighing of the various interests on both sides of an issue, and can therefore readily take account of the waxing and waning of threats posed against the United States. That is, Fourth Amendment doctrine can fluctuate in relation to the degree of threat posed by particular targets, and its enforcement mechanisms can be relaxed where doing so is reasonably necessary to counter-act those threats. This Comment adds to the contemporary debate over domestic surveillance by examining the policy rationales for a warrant requirement in the context of the unique conditions and demands of domestic intelligence gathering. It ultimately finds that none of the normal justifications for requiring warrants can support the warrant requirement in this context. Instead, it argues that through a combination of legislative action and expansion of existing Supreme Court precedent in other areas, our nation can best safeguard the values of the Fourth Amendment while still giving the Executive the flexibility necessary to conduct vital domestic counter-terrorism activities.|
|Keywords||No keywords specified (fix it)|
|Categories||No categories specified (fix it)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
Robert Picciotto (2007). Does Foreign Aid Really Work? - By Roger C. Riddell, Foreign Aid: Diplomacy, Development, Domestic Politics - by Carol Lancaster. Ethics and International Affairs 21 (4):477–480.
Nejdet Delener (1998). An Ethical and Legal Synthesis of Dumping: Growing Concerns in International Marketing. Journal of Business Ethics 17 (15):1747-1753.
Terri L. Rittenburg & Sean R. Valentine (2002). Spanish and American Executives' Ethical Judgments and Intentions. Journal of Business Ethics 38 (4):291 - 306.
Abigail B. Bakan & Daiva Stasiulis (1994). Foreign Domestic Worker Policy in Canada and the Social Boundaries of Modern Citizenship. Science and Society 58 (1):7 - 33.
Matthew J. Tokson, Virtual Confrontation: Is Videoconference Testimony by an Unavailable Witness Constitutional?
Lynn Sharp Paine (1991). Corporate Policy and the Ethics of Competitor Intelligence Gathering. Journal of Business Ethics 10 (6):423 - 436.
Terri L. Rittenburg, Sean R. Valentine & James B. Faircloth (2007). An Ethical Decision-Making Framework for Competitor Intelligence Gathering. Journal of Business Ethics 70 (3):235 - 245.
Jan Narveson (2009). Internal/External. International Journal of Applied Philosophy 23 (1):125-132.
Added to index2009-01-28
Total downloads2 ( #232,722 of 551,112 )
Recent downloads (6 months)1 ( #63,341 of 551,112 )
How can I increase my downloads?