While I like how this issue has engendered discussion on Constituational Law, personal freedom and the unennumerated (but often cherished) Right to Privacy. What I don't like is that amount of talking heads on all sides of the issue that haven't read Public Law 95-511 (FISA) and don't have the specifics of the communications in question. Just so there's no confusion about what I'm talking about, here is the very first paragraph of FISA:
"Permits the President, acting through the Attorney General, to authorize electronic surveillances for foreign intelligence purposes without a court order in certain circumstances. Requires the Attorney General: (1) to certify that the minimization procedures governing these surveillances meet certain standards; and (2) to forward such procedures to the House and Senate intelligence committees at least 30 days prior to their going into effect. Provides for the Attorney General to direct a specified common carrier to render assistance. Directs the Attorney General to transmit a copy of the certification for electronic surveillance to the appropriate court where it is to be maintained under security measures and remain seal, except in certain circumstances."
Having worked on the periphery of FISA cases, I can assure the readers here that the Carter Administration did, in fact, draft the applicable standards, that they were approved by the House and Senate intelligence committees and that they are still in effect (with some modifications by succeeding Administrations). Wiretap law has always been a gray area, with certain courts holding that telephonic communications have an ironclad expectation of privacy and some holding there is none at all; most have erred on the side of caution and held there to be an expectation of privacy, but the case law is by no means completely settled. Further, there is a difference between what may or may not be admissable in a court of law versus what can be used as an investigative tool. A similar example can be found in the use of polygraphic evidence, which while inadmissable in court can be used by skilled investigators as confirmatory or exculpatory tool.
I understand why the Administration hasn't disclosed more details about who they've been listening to and why...because FISA itself makes it "a criminal offense for officers or employees of the United States to intentionally engage in electronic surveillance under color of law except as specifically authorized or to disclose information through unlawful electronic surveillance. Imposes civil and criminal liability for such violations and authorizes the recovery of actual damages, punitive damages, and reasonable attorney's fees by an aggrieved person other than a foreign power."
This whole thread reminds me of the Quakers in Florida being offended that anyone could view them as a threat. I follow Reagan's maxim: Trust, But Verify. If digging into the details turns up nothing, eliminate them, but don't simply fail to investigate reports because they might be politically inexpedient.