OSI Director of U.S. Advocacy Morton H. Halperin appeared before the Senate Committee on the Judiciary to discuss the latest effort to modify FISA. In his testimony, Halperin proposes a way of thinking about the structure of FISA and reviews the history of how two major sets of issues raised by FISA have been treated. The two major questions are: What electronic communications should the government be able to acquire using procedures different from those mandated for criminal investigations; and what procedures should be put in place so that all concerned groups can know clearly what the rules are and have confidence that the rules are being followed?
A copy of Halperin's testimony is available for download.