How does FISA fit with regulation of electronic surveillance?
Given the “tendency of those who execute the criminal laws . . . to obtain conviction by means of unlawful seizures,” the Supreme Court has viewed commumications interception as an especially grave intrusion on rights of privacy and speech. Berger v. New York, 388 U.S. 41, 50 (1967) (quotation and citation omitted). “By its very nature eavesdropping involves an intrusion on privacy that is broad in scope,” and its “indiscriminate use . . . in law enforcement raises grave constitutional questions.” Id. at 56 (quotation and citation omitted). “Few threats to liberty exist which are greater than those posed by the use of eavesdropping devices.” Id. at 63. Thus, the Court outlined seven constitutional requirements: (1) a showing of probable cause that a particular offense has been or is about to be committed; (2) the applicant must describe with particularity the conversations to be intercepted; (3) the surveillance must be for a specific, limited period of time in order to minimize the in
