Would that some of this discussion had taken place during the fall of 2001 and in the months and years following as the legal support structure was built through a variety of statutes, regulations, attorney general's opinions, executive orders, and other means! It will be very difficult to unravel logistically irrespective of any changes in the law or political mood at this point. For a longer historical background, an analysis of interactions between changes in the pertinent law and developments in society as understood via social science research, a theoretical and conceptual framework for thinking about this use of power by the informational state, and an opportunity to contextualize surveillance relative to the use of other informational tools by the state, CHANGE OF STATE: INFORMATION, POLICY, AND POWER (MIT Press, 2006/2009) may be of interest. (And since the work is currently undergoing revision, all comments and critiques appreciated as well!) Sandra Braman