We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
A RULE OF LENITY FOR NATIONAL SECURITY SURVEILLANCE LAW.
- Authors
Kerr, Orin S.
- Abstract
This Essay argues that Congress should adopt a rule of narrow construction of the national security surveillance statutes. Under this interpretive rule, which the Essay calls a "rule of lenity, " ambiguity in the powers granted to the executive branch in the sections of the United States Code on national security surveillance should trigger a narrow judicial interpretation in favor of the individual and against the State. A rule of lenity would push Congress to be the primary decision maker to balance privacy and security when technology changes, limiting the rulemaking power of the secret Foreign Intelligence Surveillance Court. A rule of lenity would help restore the power over national security surveillance law to where it belongs: The People.
- Subjects
UNITED States; RULE of lenity (Law); NATIONAL security laws; ELECTRONIC surveillance; UNITED States. Congress; STATE statutes (United States); INTERPRETATION &; construction of American law; RIGHT of privacy; UNITED States. Foreign Intelligence Surveillance Court; ELECTRONIC surveillance laws
- Publication
Virginia Law Review, 2014, Vol 100, Issue 7, p1513
- ISSN
0042-6601
- Publication type
Essay