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Rand Paul Bill Would Curb NSA on Phone Records

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Re: Rand Paul Bill Would Curb NSA on Phone Records

#2
Text of the proposed law:

"The Fourth Amendment to the Constitution shall not be construed to allow any agency of the United States Government to search the phone records of Americans without a warrant based on probable cause."

http://www.paul.senate.gov/files/documents/EAS13699.pdf

("Fourth Amendment Restoration Act of 2013")

Re: Rand Paul Bill Would Curb NSA on Phone Records

#3
I applaud the attempt, but after reading the text of the bill, will this do anything? They obtained a court order authorizing this. Wouldn't it be better to make it illegal to issue broad warrants for large numbers of people and instead require one warrant per person?

Re: Rand Paul Bill Would Curb NSA on Phone Records

#4
'waterphone' -- your comment history appears benign and helpful, I think you deserve to know you've been hellbanned. The automated filter on HN will hide your comments from most users. It is a waste of your time to comment if this is not fixed.

(reply to invisible comment): You're welcome!

Re: Rand Paul Bill Would Curb NSA on Phone Records

#5
post #4

'waterphone' -- your comment history appears benign and helpful, I think you deserve to know you've been hellbanned. The automated filter on HN will hide your comments from most users. It is a waste of your time to comment if this is not fixed. (reply to invisible comment): You're welcome!

Thanks. I noticed, and it's been happening off and on, but prior to today, comments I was making were eventually being unhidden after a few hours. Not so today, it seems.

Re: Rand Paul Bill Would Curb NSA on Phone Records

#8
post #2

Text of the proposed law: "The Fourth Amendment to the Constitution shall not be construed to allow any agency of the United States Government to search the phone records of Americans without a warrant based on probable cause." http://www.paul.senate.gov/files/documents/EAS13699.pdf ("Fourth Amendment Restoration Act of 2013")

Is that the entire bill?

Seems extremely narrow-scoped and with no terms defined. IIRC, the ongoing spying is not even warrantless - they're operating under a broad-scope warrant issued by FISC, so this bill would do absolutely nothing.

Re: Rand Paul Bill Would Curb NSA on Phone Records

#9
Until they ignore it, just like they ignored the Foreign Intelligence Surveillance Act. Or, in a secret legal opinion, construe "phone records" to not include mere metadata about whom called whom from where for how long.

You can't get around the need to identify the people attempting to circumvent the very explicit restrictions placed upon them and exclude them from the levers of power.

Re: Rand Paul Bill Would Curb NSA on Phone Records

#10
post #2

Text of the proposed law: "The Fourth Amendment to the Constitution shall not be construed to allow any agency of the United States Government to search the phone records of Americans without a warrant based on probable cause." http://www.paul.senate.gov/files/documents/EAS13699.pdf ("Fourth Amendment Restoration Act of 2013")

Is that the entire bill? Seems extremely narrow-scoped and with no terms defined. IIRC, the ongoing spying is not even warrantless - they're operating under a broad-scope warrant issued by FISC, so this bill would do absolutely nothing.

Yes, the entire rulemaking part.

It's true the Verizon spying had a secret-court FISA warrant, but was that warrant required to have "probable cause"?

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