Thanks Maha

In 1934 Congress passed the Federal Communication Act which outlawed the interception and divulgence of wire or radio communications. The law was later upheld by two companion Supreme Court rulings, Nardone v. US, in 1937 and 1939. But with the crisis of World War II mounting, in May of 1940 President Roosevelt secretly authorized the use of wiretaps in national defense cases if approved by the attorney general. Roosevelt further directed that the use of wiretaps be kept to a “minimum” and limited “insofar as possible” to foreign nationals. (Because this authorization was not justified using any congressional mandate, war declaration, or constitutional powers, resting instead on a White House interpretation of the Supreme Court’s intent not to restrict wiretaps in “grave matters involving the defense of the nation,” the Bush administration apparently chose not to cite this to bolster their NSA program.)