Wiretapping Law May Have Been a Response to Deregulation

Intelligence court likely ruled that loosened broadband market was beyond the reach of existing snooping rules

As Congress prepares to reauthorize the controversial FISA Amendments Act of 2008 — which effectively legalized the notorious warrantless wiretap program launched by President Bush — much about the law remains shrouded in secrecy: The National Security Agency has refused to give legislators even a rough estimate of how many Americans' communications have been swept up in the digital dragnet.

Yet even four years after the FAA's passage, one of the biggest mysteries isn't how the law has been used, but why it was necessary in the first place. One surprising — but surprisingly plausible — explanation points to the unexpected consequences of broadband deregulation.