from IP: FISA and the Courts

[Perry E. Metzger]

Forwarded from Dave Farber's list:

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Subject: [IP] FISA and the Courts 
From: Dave Farber <dave at farber.net>

I plan to be there djf

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

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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