対イラク武力行使

50 U.S.C Chapter 36 Foreign Intelligence Surveillance
from The complete text of the Foreign Intelligence Surveillance Act

50 U.S.C. sect;1802(a)(1) Conditions under which the President, through the Attorney General, may authorize electronic surveillance without a court order
http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001802 ---- 000-.html#a_1

Release date: 2005-03-17

(a)
(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that―
(A) the electronic surveillance is solely directed at―
(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801 (a)(1), (2), or (3) of this title; or
(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title;
(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and
(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801 (h) of this title; and
if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.

と、このような厳格な規定がある。

これらの証拠が書面にて提示されて初めて、
行政および司法がFISA規定に則った諸手続きを行ったことになる

特に(B)項の規定に注目すべきだろう

Release Dateを見てもわかるとおり、
これは現行の最新の規定であり、
すなわちカーター政権による改正も盛り込まれている

(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and