[opus]

When President Bush signed the Postal Accountability and Enhancement Act, he included a 'signing statement' that may give the government the power to open citizens' mail without a warrant. Under the law, the government must get warrants to open first-class letters, but in the signing statement, Bush said he would construe the provision, "in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances," which Bush defined as protecting against hazardous materials and "the need for physical searches specifically authorized by law for foreign intelligence collection".

President Bush has issued at least 750 signing statements, more than all other presidents combined, according to the American Bar Association. The very use of signing statements remains controversial for their modification of duly enacted laws. A 2006 report by the ABA emphasized that signing statements "undermine the rule of law and our constitutional system of separation of powers".

This most recent authorization comes less than a year after President Bush admitted to approving the warrantless surveillance of international telephone and Internet traffic by the National Security Agency. While the program was ruled illegal in ACLU v. NSA, a decision of the Detroit District Court, this decision has been stayed pending appeal. EPIC had previously raised questions regarding the legality and the cost of the domestic surveillance program. Despite high profile resignations and a prolonged public outcry, President Bush has continued his support of the NSA's surveillance program.

The postal amendment signing statement expands the executive right for warrantless surveillance to include both digital and physical communications.