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by drivebyacct2
4733 days ago
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A "warrant", "FISA warrant" and "National Security Letters" are all distinct things that are used to circumvent the Fourth Amendment. By definition only the FIRST of those three are allowed for by the Constitution; the others do NOT meet the same standards and probably or at least fortunately maqy exist primarily for that reason. Literally hand picking any of these keywords pretty much leads to the same Wikipedia page discussing at least some of these things. I'm still reading it to see how complete it is. Again, where are you getting this information that the government has been more conservative or particular about these directives? Ironically it actually has a fairly good record dating back to 2006 in several places when some of this stuff got stirred up that time. http://en.wikipedia.org/wiki/NSA_warrantless_surveillance_co... The whole thing is insightful. (I edited this comment to be far less rude, my apologies, I should've slowed down) |
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The 4th only applies to US citizens. Therefore a FISA warrant targeting people outside of the USA who are not believed to be US citizens does not have to meet the standard of the 4th.
A National Security Letter targets third parties (your email provider, your library, etc) and fails to search, seize, or directly affect any of you, your house, person, papers or effects. It therefore does not violate the 4th.
Channeling myself for a moment, this is not how I personally understand the clear intent of the 4th. I'm sure you agree with me. However I am forced to admit that multiple courts have sided with the interpretation that I just described.
Under common law, I don't get to decide what the law is. Judges do. Since they seem to be consistently accepting this line of argument, the 4th simply doesn't mean what I want it to mean. (I'm all for a better amendment, but that does not seem to be happening.)