[Excerpt] "The English poet W.H. Auden once claimed that “Peeping Toms are never praised, like novelists or bird watchers, for the keenness of their observations.” 1 Perhaps Auden would have modified his maxim had he lived in the age of terrorism.2 A certain degree of government surveillance of even intimate communications is expected, encouraged, and indeed praised when the government’s efforts lead to the prevention of catastrophe. However, it is also expected that the government will minimize these intrusions, will conduct surveillance only on legitimate targets, and will follow the procedural safeguards that the representatives of the people have enacted in their name."
Adam Burton, Fixing FISA for Long War: Regulating Warrantless Surveillance in the Age of Terrorism, 4 PIERCE L. REV. 381 (2006). Available at http://scholars.unh.edu/unh_lr/vol4/iss2/10