[comex]

I have no idea where this argument is supposed to be going. In general, Constitutional rights apply to non-citizens within the US, and this has been held since at least 1886, see e.g. http://www.salon.com/2010/02/01/collins_5/. There have been various Supreme Court cases over the last decade about whether they apply to people under the jurisdiction of but not inside the US, namely Guantanamo detainees. Outside of US jurisdiction, there are circumstances in which residents of foreign countries can violate US law (criminal or civil matters), which involve interacting with the US, such as (for better or worse) "cybercrime", in which case the US can attempt to extradite them or take other measures. These are separate issues, but only the one about Guantanamo detainees is at all controversial.