Cardozo Journal of International and Comparative Law
Abstract
The note argues that the Foreign Intelligence Surveillance Act (FISA) contains a "nonresident alien loophole" that undermines constitutional protections, particularly for U.S. persons. This loophole, expanded by amendments such as the Patriot Act and the Lone Wolf Amendment, allows the government to conduct surveillance on nonresident aliens under relaxed standards, which can incidentally target U.S. citizens without meeting FISA's stricter requirements. The analysis contends that this loophole violates the Fourth Amendment by enabling surveillance on U.S. persons without probable cause or proper warrants, eroding privacy rights in the name of national security. The note advocates for legislative reforms to close this loophole and restore constitutional safeguards.
Disciplines
Constitutional Law | Fourth Amendment | Intellectual Property Law | Law | Law Enforcement and Corrections | Taxation-Transnational
Recommended Citation
Brenton Hund,
Disappearing Safeguards: FISA Nonresident Alien "Loophole" is Unconstitutional,
15
Cardozo J. Int'l & Comp. L.
169
(2007).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol15/iss1/7
Included in
Constitutional Law Commons, Fourth Amendment Commons, Intellectual Property Law Commons, Law Enforcement and Corrections Commons, Taxation-Transnational Commons