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Thursday, August 16, 2012

Sanchez on Broadband Deregulation and NSA Wiretapping

Thanks to round-the-clock efforts over the last two weeks to get a piece out the door this submission season, I have leaped into the running for the least-blogging-Prawfsblawg-guest-blogger ever.  Fortunately, the piece is out the door to journals as of today (into, um, the teeth of an unraveling market.)

So, to blogging… My one-time housemate Julian Sanchez has an interesting post over at Cato’s blog speculating on the back history of the NSA surveillance program. He writes:

One of the great mysteries of recent national security surveillance policy is exactly why the controversial FISA Amendments Act of 2008 was necessary . . . .  [I]n early 2007 . . . then–House Minority Leader John Boehner (R-Ohio) publicly declared that a secret ruling by the (normally highly deferential) Foreign Intelligence Surveillance Court had found a problem with a National Security Agency surveillance program . . . . Most of us at the time assumed that the issue had to do with the greatly increased breadth of the surveillance NSA was trying to conduct—but flipping through the latest edition of David Kris and Douglas Wilson’s invaluable National Security Investigations and Prosecutions, I’ve just realized there’s another possibility that fits the public facts extremely well.

The possibility, he explains in a detailed post, is broadband deregulation.   Interesting stuff!

Posted by Mark Moller on August 16, 2012 at 02:48 AM in Criminal Law, Web/Tech | Permalink

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