The Right to Privacy in Light of Presidents’ Programs: What Project MINARET’s Admissions Reveal about Modern Surveillance of Americans

In this Article, Graves questions what the phrase “reasonable expectation of privacy” means in the national security context after changes made by the Bush Administration.  Graves argues that recent amendments to FISA allow the government to monitor U.S. based internet service providers in search of foreign-intelligence information.  In the process, “incidental” information about Americans is gathered as well.  Graves questions the constitutionality of such collections and argues that this activity demonstrates the fundamental failure of a reasonableness test to protect the privacy interests of Americans.