William Funk (Lewis & Clark Law School) has posted Electronic Surveillance of Terrorism in the United States (Mississippi Law Journal, Vol. 80, No. 4, 2011) on SSRN. Here is the abstract:
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This short article, prepared for an international forum on criminal procedure, describes the history of the use of electronic surveillance to combat terrorism in the United States. It shows how the restrictions on its use has evolved into a compromise between traditional law enforcement norms and military/national security norms, just as the apprehension and treatment of terrorists has muddled the law enforcement and military roles. The article concludes that the Foreign Intelligence Surveillance Act’s compromise is a reasonable accommodation of the peculiar characteristics of modern, international terrorism.