[IP] FISA and the Courts

[Dave Farber <dave@farber.net>]

Title: approve:ggfarber  FISA and the Courts

I plan to be there djf

------ Forwarded Message
From: "Baker, Stewart" <<SBaker@steptoe.com>>
Date: Mon, 09 Dec 2002 13:51:18 -0500
To: "'Dave Farber'" <<dave@farber.net>>
Cc: "Albertazzie, Sally" <<SAlbertazzie@steptoe.com>>

Dave, 

I'll be moderating a fairly high-powered panel in Washington on Wednesday December 11.  The panel will discuss the recent FISA decision about the "wall" between law enforcement and intelligence intercepts.   The public is welcome, but I think the committee is charging $20 to cover the refreshments that follow.  Details below.

Stewart Baker 

The American Bar Association Standing Committee on Law and National Security presents -- 

FISA and the Courts -- 

What the Recent Decision Means for Intelligence Intercepts 

Wednesday, December 11, 2002 
5:00 - 7:00 p.m. 

University Club 
1135 16th Street, NW 

Washington, DC 

The FISA Review Court's recent decision is the most detailed and sweeping examination of FISA and its constitutionality in a quarter century.  By overturning the lower FISA court's guidelines and providing broad discretion to Executive decision makers, the ruling of this three-judge panel will allow intelligence investigators and criminal prosecutors to more easily share information about ongoing terrorism and espionage cases.  Questions remain, including the most basic: where the constitutional lines should be drawn on intelligence intercepts, whether prosecutors should direct electronic and physical surveillance under FISA, and what if anything should remain of the "wall" between law enforcement and intelligence.   The appeal was argued in secret, and only by the Department of Justice.  This will be a rare public airing of the issues the FISA appeals court has struggled to resolve.


Panelists will include the Justice Department attorney who argued the appeal, a former Justice Department official who was involved in some of the earliest guidelines for FISA intercepts, and the General Counsel of the Senate Select Committee on Intelligence during the debate over the USA PATRIOT ACT. 

Panel: 

Stewart Baker, Moderator 

Ken Bass, former Counsel for Intelligence Policy, U.S. Department of Justice and currently in private practice.  

David Kris, Associate Deputy Attorney General, U.S. Department of Justice 

Vicki Divoll, General Counsel, Senate Select Committee on Intelligence  

             


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