NEW PRESIDENTIAL ORDER ON ELECTRONIC SURVEILLANCE

Just Security

Executive Order 12,333, Notice, and the Due Process Rights of Criminal Defendants ("In a world of electronic surveillance and secret searches, notice is more essential than ever. Notice allows criminal defendants to test whether the government's evidence was, in fact, obtained lawfully, which is a right fundamental to due process. And, after Clapper v. Amnesty, notice to defendants is one of the few mechanisms by which dragnet surveillance programs-which affect millions-will ever be reviewed in court. But is the government providing notice when it should be?")