Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

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The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.

The authors address the hard questions of individual freedom versus national security that are on the minds of Americans of all political stripes. They bring together the pivotal events, leaders, policies, and fateful decisions—often path-breaking, more often ending in folly—that have subverted our constitutional government from its founding. You reach the inescapable conclusion, the authors write, that the United States is a warrior nation, has been addicted to war from the start, and is able to sustain its warfare habit only by mugging American taxpayers, and believing in its mission as God's chosen. FDR's Four Freedoms—Freedom of Speech, Freedom to Worship, Freedom from Want, and Freedom from Fear—were presented to the American people in his 1941 State of the Union address, and they became the inspiration for a second bill of rights, extending the New Deal and guaranteeing work, housing, medical care, and education. Although the bill never was adopted in a legal sense in this country, its principles pervaded the political landscape for an entire generation, including the War on Poverty and the Great Society reforms of the 1960s. Furthermore, the ideas expressed in the Four Freedoms speech inspired the Universal Declaration of Human Rights. But since the late 1970s and early 1980s, these freedoms have been under assault, from presidential administrations of both parties, economic pressures, and finally, the alleged requirements of national security. After 9/11, this process accelerated even more rapidly.