Revisiting the Protect America Act of 2007: Reaching the Appropriate Balance Between Our National Security Interests, American’s Civil Liberties and Government Oversight

Abstract

This paper, researched and drafted in the winter of 2007-2008, discusses the Protect America Act of 2007 within the framework of the role of government oversight and balancing national security interests and civil liberties. I begin with a discussion of the Foreign Intelligence Surveillance Act (FISA) and the Protect America Act of 2007 (PAA) that amended FISA. I then argue that the PAA should include more civil liberties protection, the strengthening of government oversight of intelligence gathering and a discussion of the role of retroactive immunity. Finally, I discuss proposals, as of January 2008, to amend the PAA.