It is our understanding that the Fourth Amendment is still part of the Constitution.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
So it seems that warrantless eavesdropping by the US government on citizens is clearly prohibited. Yet for some reason Section 702 of the Foreign Intelligence Surveillance Act authorizes the government to eavesdrop on communications US citizens have with people overseas. This seems inconsistent with the Constitution.
Of course the Washington based intel machine doesn’t have a problem with it. Don’t worry, the surveillance is very narrow and only targets bad guys they say.
The ACLU has another take however.
Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the U.S. government engages in mass, warrantless surveillance of Americans’ and foreigners’ phone calls, text messages, emails, and other electronic communications. Information collected under the law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Given our nation’s history of abusing its surveillance authorities, and the secrecy surrounding the program, we should be concerned that Section 702 is and will be used to disproportionately target disfavored groups, whether minority communities, political activists, or even journalists.
As of this moment nineteen House Republicans have rebelled against leadership and held up reauthorization. Right now in the halls of the Capitol arms are being twisted and favors called in.
In the end 702 will probably limp over the finish line. It always has.
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