secret and warrantless electronic surveillance of persons within the United States fails to identify any plausible legal authority for such surveillance." They summarized: Law school dean Robert Reinstein asserted that the warrantless domestic spying program is Law professor Robert M. Bloom and William J. Dunn, a former Defense Department intelligence analyst, claimed: Law professor Jordan Paust argued: Law Dean Harold Koh, Suzanne Spaulding and John Dean contended that FISA was controlling, (in seeming disagreement with the FISC of Review finding) and that the President's admissions constituted sufficient evidence of a violation of the Fourth Amendment, without requiring further factual evidence. Law professor John C. Eastman compared the CRS and DOJ reports and concluded instead that under the Constitution and ratified by both historical and Supreme Court precedent, "the President clearly has the authority to conduct surveillance of enemy communications in time of war and of the communications to and from those he reasonably believes are affiliated with our enemies. Moreover, it should go without saying that such activities are a fundamental incident of war." Law professor Orin Kerr argued that the part of In re: Sealed Case No. 02-001 that dealt with FISA (rather than the Fourth Amendment) was nonbinding obiter dicta and that the argument did not restrict Congress's power to regulate the executive in general. Separately Kerr argued for wireless surveillance based on the fact that the border search exception permits searches at the border "or its functional equivalent." (United States v. Montoya De Hernandez, 473 U.S. 531, 538 (1985)). As a sovereign nation the US can inspect goods crossing the border. The ruling interpreted the Fourth Amendment to permit such searches. Courts have applied the border search exception to computers and hard drives, e.g., United States v. Ickes, 393 F.3d 501 (4th Cir. 2005) Case law does not treat data differently than physical objects. Case law applies the exception to international airports and international mail (United States v. Ramsey). Case law is phrased broadly. The exception could analogously apply to monitoring an ISP or telephony provider. U.S. District Judge Dee Benson, who served on the FISC, stated that he was unclear on why the FISC's emergency authority would not meet the administration's stated "need to move quickly". The court was also concerned about "whether the administration had misled their court about its sources of information on possible terrorism suspects ... [as this] could taint the integrity of