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- Title
CARPENTER'S EFFECTS ON THE USE OF NATIONAL SECURITY LETTERS FOR FOREIGN INTELLIGENCE INVESTIGATIONS.
- Authors
Carter, Christopher M.
- Abstract
Carpenter v. United States was immediately seen as a potential watershed moment for Fourth Amendment jurisprudence as it relates to emerging technology. However, one area somewhat overlooked is its potential impact on national security law. While the opinion briefly attempted to downplay its connection to the national security realm, the broad principles Carpenter painted have potential effects far beyond the Court's attempt to hem them in. This paper looks at one area of potential impact: the executive branch's use of national security letters ("NSLs") to conduct foreign intelligence operations. I argue that several aspects of the procedures the Court found troubling in Carpenter could easily apply to the national security world, and that actors in the national security field should be proactive in addressing these potential conflicts.
- Subjects
UNITED States; NATIONAL security; WATERSHED management; TECHNOLOGICAL innovations; NATIONAL security letters; GOVERNMENTAL investigations
- Publication
National Security Law Brief, 2020, Vol 10, Issue 1, p39
- ISSN
2160-102X
- Publication type
Article