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New Revelations U.S. Tracked Americans’ Calls for Over a Decade

wsj.com

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Re: New Revelations U.S. Tracked Americans’ Calls for Over a Decade

#6
The key point of this is that the database of calls was collected without court oversight.

So all the defense the government used with the NSA database being overseen by the FISA court doesn't apply, there was no court oversight of this program.

It did not target specific individuals and there was no probable cause before the collection of this data.

This is a clear violation of the 4th Amendment in my view.

>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.

Re: New Revelations U.S. Tracked Americans’ Calls for Over a Decade

#7

The key point of this is that the database of calls was collected without court oversight. So all the defense the government used with the NSA database being overseen by the FISA court doesn't apply, there was no court oversight of this program. It did not target specific individuals and there was no probable cause before the collection of this data. This is a clear violation of the 4th Amendment in my view. >The rig…

The calls were cross-border: "The Justice Department secretly kept a database of Americans’ calls to foreign countries for more than a decade."

The very first Congress, comprising many of the people who wrote the 4th amendment, passed a law allowing warrantless border searches. Since then, such searches have not been considered "unreasonable" under the theory that states have sovereign authority over what crosses their borders.

Might run into problems with the FISA statute, I don't know.

Re: New Revelations U.S. Tracked Americans’ Calls for Over a Decade

#8

The key point of this is that the database of calls was collected without court oversight. So all the defense the government used with the NSA database being overseen by the FISA court doesn't apply, there was no court oversight of this program. It did not target specific individuals and there was no probable cause before the collection of this data. This is a clear violation of the 4th Amendment in my view. >The rig…

I think the other key part is that it was only tracking calls to/from specific countries (in the case of this article, it's Iran, but other countries are on the list). I'm not saying this makes it better, but it is not all domestic calls as could be inferred from the title.

Re: New Revelations U.S. Tracked Americans’ Calls for Over a Decade

#10
post #9

While searching for a non-paywalled version, I stumbled on this gem from 9 years ago.. http://usatoday30.usatoday.com/news/washington/2006-05-10-ns...

The reactions on the left are gems as well, especially since most of those quoted voted for retroactive immunity for the telecoms only a short time later [1].

1 - https://www.govtrack.us/congress/votes/110-2008/s20

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