Washington admits surveillance violated Fourth Amendment

Washington admits surveillance violated Fourth Amendment

NSA logo

NSA logo

The US government has admitted to violating the Constitution’s Fourth Amendment ban on unreasonable searches and seizures on at least one occasion during surveillance efforts.

In a letter to Sen. Ron Wyden, the Office of the Director of National Intelligence (DNI) confirmed a Foreign Intelligence Surveillance (FISA) Court finding that “some collection carried out pursuant to the Section 702 minimization procedures used by the government were unreasonable under the Fourth Amendment.”

The FISA Amendments Act, signed into law by former US President George W. Bush on July 10, 2008, provides an extension to the government’s use of wiretapping in the aftermath of the September 11 terrorist attacks, allowing the government to collect any phone or e-mail communications made when at least one party is believed to be outside of the United States – without requiring a warrant.

Wyden is the most vocal Senator to question the extent of the government’s use of domestic communications surveillance, which includes wiretapping.

Without providing details about when and how the violation occurred, or the extent of the “unreasonable” surveillance, the DNI letter confirmed that FISA has “sometimes circumvented the spirit of the law.”

The FISA Court found that the government was using unreasonable minimization procedures – meaning it was overstepping the length of time it was legally permitted to retain its surveillance data.

The government says it has “remedied” the FISA Court’s concerns regarding the constitutional violation and will continue to lawfully collect e-mails and phone calls, but the letter’s indication of at least one “unreasonable” search remains a troubling fact to Americans concerned about their privacy. 

While the DNI confirmed a fault, the director’s office claimed it was in the country’s best interest to publicize the issue, stating, "the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure.”

The news of the constitutional violation comes as the Obama administration is pressuring Congress to reauthorize the 2008 statute, which would otherwise expire at the end of the year.

DNI director James Clapper says reauthorization should be a top priority to prevent terrorist attacks against Americans.

The law “allows the Intelligence Community to collect vital information about international terrorists and other important targets overseas while providing robust protection for the civil liberties and privacy of Americans,” he wrote Congressional leaders.

But Wyden is threatening to block the government’s requested five-year extension of the statute unless lawmakers receive more information about the extent of the wiretapping. The Senator is concerned that communication between “law-abiding Americans” is being unlawfully intercepted.

Wyden says the government could develop a large collection of personal e-mails and phone call data, and sift through it to isolate conversations between individual Americans. He maintains that such “back door searches” must be avoided.

In June, the National Security Agency (NSA) refused to disclose how many Americans have been affected by government surveillance. Wyder responded by noting that the fact that the number is unknown hides the extent of the spying.

In response to the NSA’s secrecy, Wyden offered an amendment prohibiting warrantless searches of domestic communication, which was rejected.

“This law clearly has had a bigger privacy impact than most people realize,” Wyden said. “In particular, I believe that the ‘back door searches’ loophole needs to be closed.”

Views: 45

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega posted a blog post

What is Area 2 and What Goes on There?

 We have all heard of Area 51 and S-4, along with such terms as Water Town, Papoose Lake,…See More
12 hours ago
Doc Vega posted a blog post

STRANGE THINGS HAPPENING IN YELLOWSTONE

It’s not the fact that Yellowstone National Park sits atop a super volcano that hasn’t erupted in…See More
yesterday
tjdavis posted a video

Austrian police raid house of man who leaked Israeli ambassador video making genocidal comments

In a new ITV documentary, Breaking Ranks: Inside Israel’s War, former Israeli soldiers describe how Gaza civilians were killed, often without warning, in an ...
Thursday
Burbia posted a video

WARHAMMER 40,000 | 1980's GRIMDARK MOVIE

WARHAMMER 40,000 | 1980's GRIMDARK MOVIEThis is a Concept Movie Trailer made with the help of AI. This video is created purely for fun and out of curiosity a...
Thursday
tjdavis favorited Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
Thursday
tjdavis favorited Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
Thursday
tjdavis commented on tjdavis's blog post THE ORIGINS OF THE WORLD ASSOCIATION OF SOCIAL PSYCHIATRY IN LONDON, UK IN 1964
"Tavistock Timing"
Thursday
tjdavis posted a blog post
Thursday
Doc Vega posted a blog post

The Ringside View

Down in the streets where the animals meetWhere tear gas flies and people get beatWhere…See More
Wednesday
tjdavis posted videos
Wednesday
tjdavis posted blog posts
Tuesday
Doc Vega posted a blog post

Is America on the brink of a Dire Emergency

 You might know if you have remained informed that America has been under asymmetric warfare for…See More
Nov 15
tjdavis favorited Burbia's video
Nov 13
tjdavis posted videos
Nov 13
rlionhearted_3 commented on Sandy's photo
Nov 11
cheeki kea posted a photo
Nov 11
cheeki kea favorited tjdavis's blog post Propaganda,Cognitive Warfare Europes Self Destruction
Nov 11
cheeki kea commented on tjdavis's photo
Thumbnail

Sustenance

"Bacon health to the nation for one and all and stealth for operations elsewhere in the war. Yip a…"
Nov 11
Doc Vega posted a blog post

The Consequence of Loneliness: Another Missing Person Case

Chapter I“Unit 7, Unit 7. Do you read? This is dispatch!”“This is Unit 7, over!” Deputy Patterson…See More
Nov 10
Cora is now a member of 12160 Social Network
Nov 10

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted