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by mehwoot 4739 days ago
Because these are FISA requests for individuals "reasonably suspected to be residing outside the U.S.". Those have never required warrants. Before FISA existed they just did it to whomever they pleased; now it requires a FISA request which is not the same thing as a warrant.

Nowhere in that document does it say anything about not needing a warrant to get information on U.S. citizens residing in the U.S. What it does actually say is

For these reasons, we hold that a foreign intelligence exception to the Fourth Amendment's warrant requirement exists when surveillance is conducted to obtain foreign intelligence for national security purposes and is directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United States.

I.e. a FISA request.

3 comments

Was the Verizon FISC order that was leaked, requiring daily dumps on all calls even with both endpoints inside the US, targeting individuals reasonably believed to be outside the US?
A U.S. cell phone number can be used abroad, last I knew.
A few points. A FISA order really is a warrant, and the NSA needs one to collect on a US person (ie. US citizen anywhere or anyone on US soil). Before 9/11, FISA warrants were also used to compel US companies to comply with collection against non US persons for which they were the carrier. At some point after 9/11 the Bush administration realized the law could be reasonably interpreted as not strictly requiring this, so they stopped using FISA for this purpose. That was the heart of the warrantless wiretapping controversy, and the primary goal of the FISA Amendments Act was to add requirements and oversight for these situations.
A FISA order really is a warrant

Not according to the language used in this document it isn't. You can say it is similar if you want, but when they say "A warrant is not required" in this case they are not saying "no authorization is required".

False, see Verizon order
Your response is in no way related to my comment. What point were you trying to make?
Keyword is "reasonably" believed to be located outside...

So, one access to a external server? Visiting overseas?