The problem comes with the definitions. Once again words have meaning. This is where the Patriot Act does come into play. Thanks to the Patriot Act, terrorist suspects now fall under the classification of Foreign Agent. This means that anyone providing aid, support, technical knowledge, or money to a terrorist group, who is a citizen of the United States, may be classified as a Foreign Agent.

Therefore, the President with the approval of the Attorney General may then surveil the electronic communications of these parties under the autonomy of FISA.

Furthermore, the Federal Court of Appeals, which is the appealing authority of the courts under FISA, has just ruled that the information gathered during the collection of foreign intelligence, can be used in criminal proceedings. Since this ruling has been made by the Court of Appeals, it would seem that they are upholding the constitionality of the FISA, and further, that they have upheld the definition of Foreign Agent under the Patriot Act. Once again, it seems as if the law is being followed.

dmk