Court Upholds Warrantless Surveillance of Suspected Terrorists Abroad

In a rare public opinion, the Foreign Intelligence Surveillance Court of Review upheld the constitutionality of warrantless wiretaps in the U.S. that target suspected terrorists who are both overseas and not U.S. citizens. The spying was conducted under the now-expired Protect America Act of 2007. The case arose when an anonymous communications company challenged the government’s demand that it assist in carrying out the surveillance. The Court held that the Fourth Amendment applied to the wiretap, but that it could be conducted without a warrant under the stringent procedures in this case, which included specific targeting of individuals strongly believed to be terrorists.