NSA Wiretaps
There is a very interesting thread in the blogosphere that suggests that the NSA Surveillance program is not about wiretaps, per se, but more likely about some cutting edge new technology that would enable real time surveillance most likely using some sophisticated sampling and voice recognition system--something only the NSA is capable of implementing. I think this is a really interesting take on the issue, and it sure makes a lot of sense. If this is the case, the revelation of the existence of this technology may be the real issue--and makes it all the more reprehensible that the NY Times published this story. Click here for a link to a Defensetech analysis, and here for a follow-up. Most especially, read this story over at Arstechnica. I think they're on to something and it certainly explains the President's calm but forceful reaction to this.

Orin Kerr has a well thought out legal analysis, but even this doesn't take the tech angle into account. If Arstechnica is right, this activity doesn't fall clearly into the category of a wiretap and may be something else entirely. This is not to say that the technique doesn't fall under FISA or whether it is within the President's Article II powers, but it does certainly make the question more difficult to answer.
- posted by Base10 @ 3:04 PM