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The Eroding Wall Between 'Intelligence' and 'Law Enforcement'

The 1978 Foreign Intelligence Surveillance Act established a new court to address domestic spying conducted by the federal government and supposedly included a “wall” preventing any intelligence gleaned from being shared with law enforcement. That is, since the standards for a warrant from the Foreign Intelligence Surveillance Act (FISA) court were so low, the legislation stated that intelligence gathered under this relaxed standard not be used for criminal prosecutions.

The law, passed in the aftermath of the Church Committee, and President Nixon’s use of domestic spying, significantly weakened the protections of Americans under the Fourth Amendment, enacted, with very specific language, in light of the British use of general warrants.

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