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by pdkl95 4211 days ago
The EFF poster was just an example, I'm not sure why you're focusing on it, and totally ignoring the main issue I discussed about the use of general warrants.

You asserted that "[Snowden] hasn't shown anything illegal". I have attempted to point out that he has shown illegal activity: their improper search-and-seizure and the writs of assistance they are using to pretend those searches are legal.

What you (and many other people) seem to be missing is that yes, the constitution says that the NSA is "legally prohibited from collecting on any [domestic] network connection [unless they get warrant]". It doesn't matter if this is inconvenient, it's still law. If modern technology has made the law unworkable or obsolete, the law can be amended. Until then, yes, they don't get to run grep against without a specific warrant.

1 comments

I was focusing on it because that was the example you provided. I asked for examples of illegality and you gave me Jewel v. NSA, where the EFF is claiming unconstitutional bulk search and seizure based on a technicality in their definition of collection (ironic given the number of people who mock the NSA for the same, citing the EFF as their source). There is no general warrant issue with the 702 program as it targets specific non-US persons. If you want to argue about general warrants and bulk collection, you'd be better off discussing the Section 215 cell phone metadata program, which is entirely different legal mess.

You claim that the NSA is legally prohibited from collecting on any domestic network connection, but the 4th Amendment protects people, not network connections. There was never any 4th Amendment issue with spying on foreigners before because, being outside US jurisdiction, they don't have 4th Amendment rights - thus no warrant requirement. A warrant is absolutely required to gather the communications of an American citizen.

You say that the law can be amended, and I would counter that by saying that it already was amended - FISA Section 702 is specifically written to target non-US persons using US telecommunications infrastructure to communicate.