The intelligence enterprise has grown significantly since the terrorist attacks of September 11, 2001. Agencies have strengthened their capabilities and broadened their reach. Congress has showered them with new authorities and resources. Technological advances have created novel opportunities. Yet intelligence still fails: abuses occur; terrorists attack; and policy makers are surprised by crises abroad.
Under our constitutional system, government operates most effectively when it is limited by law, distributed among competing branches of government, and accountable to the people. How can we ensure that law enforcement and intelligence officials can get the information they need to keep us safe, without violating the law, infringing on our rights or undermining other national interests?