The Fourth Amendment to the United States Constitution says: “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.”
Late last night, early this morning (after midnight), the United States Senate passed a FISA reauthorization bill that directly and specifically violates every tenant of the 4th Amendment.
The Senate voted to authorize warrantless federal government searches of every American’s private papers, effects, emails, electronic data records, cell phone calls, contact lists, text messages, buying habits, purchases, banking records, social media posts, direct messages, private communications and every keystroke of every electronic device in your life. All of it continues to be subject to the capture, review and surveillance of an unelected opaque law enforcement mechanism, and Congress supports it.
The issue is magnified, because the Supreme Court has never ruled on the constitutionality of the FISA-702 data collection system, because the Supreme Court also says no American has standing to challenge the federal government violation of their 4th Amendment right to privacy. It’s all infuriating… It’s all FUBAR!
Oh, and if you are reading this… you’re likely on the list.
Last night, Senator Dick Durbin (D-IL) teamed up with Sen. Kevin Cramer (R-ND) and added an amendment that would have required the government to get a warrant before reviewing any communications incidentally collected from Americans. The amendment was the last effort priority for a smidgen of hope; the IC railed against it, saying it would stop them from acting on critical “national security” information in real time. It failed by a vote of 42 to 50.
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