Congressional Digest

Congressional Digest April 2006 No. 4 Vol. 85
Congressional Research Service Analysis

Warrantless Government Surveillance

Presidential Authority in Times of War

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Congressional Research Service Analysis

Constitutional and Statutory Framework for NSA Activities

Recent media revelations that the President authorized the National Security Agency (NSA) to collect signals intelligence from communications involving U.S. persons within the United States, without obtaining a warrant or court order, raise numerous questions regarding the President’s authority to order warrantless electronic surveillance.Little is known about the full extent of the NSA domestic surveillance, which was revealed in December 2005 but allegedly began after the President issued a secret order in 2002. Attorney General Alberto Gonzales laid out some of its parameters, telling reporters that it involves "intercepts of contents of communications where one … party to the communications…

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