Losing Liberties: Applying a Foreign Intelligence Model to Domestic Law Enforcement

Abstract

Since the tragedy of September 11, the federal government's actions have resulted in a serious erosion of liberties. In expanding authority for electronic eavesdropping and in claiming unprecedented authority to detain individuals without due process, the government has taken powers that previously have been limited to foreign intelligence gathering and activities in foreign countries and has sought to use them for domestic law enforcement. This is a troubling increase of powers for the federal government that threatens civil liberties, without any likelihood that it is necessary to make the country safer.

About the Author

Alston and Bird Professor of Law, Duke Law School

By uclalaw