Assessing the Legality of the President’s Terrorist Surveillance Program: Balancing the Protection of Individual Liberties Against Improving National Security Through Electronic Surveillance

By Steven J. Porizo

The Terrorist Surveillance Program (TSP) is a high-tech communication signals intelligence program that we still know little about since it remains highly classified to this day. However, we do know that the TSP, by using classified and extremely cutting edge technology, “intercepts without benefit of warrant or other judicial approval, prior or subsequent, the international telephone and internet communications of numerous persons and organizations within this country.” The government on several occasions indicated that the TSP has been in place from at least 2002.

Legal analysis related to the validity of the TSP is an important and contemporary issue. A case that directly challenged the legality of the TSP was decided against the government in a federal District Court and was subsequently appealed to a U.S. Circuit Court. This is an issue that should concern all Americans as it directly impacts the government’s ability to protect its citizens home and abroad, yet also raises privacy concerns that all individuals cherish. Understanding the legal contours of the TSP requires finding a very delicate balance between these two paramount and fundamental objectives. In this case, it appears that the government’s need for intelligence to protect the U.S. and its citizens against future terrorist attacks takes precedence over individual’s privacy interests.

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