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: 44

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

Burbia commented on Burbia's photo
1 hour ago
Burbia commented on Burbia's video
Thumbnail

IT’S OVER! Trump OBLITERATES IRS as Social Security Just Changed FOREVER!

"The IRS has lost almost one-third of its tax auditors after 2 months of DOGE cuts, report…"
10 hours ago
Burbia posted videos
11 hours ago
cheeki kea favorited Doc Vega's blog post In Disarray
16 hours ago
Burbia commented on Burbia's photo
Thumbnail

What's in Macron's hand? Cocaine bag?

"Russian Spokesperson Maria Zakharova Responds to Macron, Merz, and Starmer’s…"
16 hours ago
rlionhearted_3 favorited cheeki kea's photo
20 hours ago
rlionhearted_3 commented on cheeki kea's photo
Thumbnail

remember those days..

"True Story "
20 hours ago
Doc Vega favorited cheeki kea's photo
21 hours ago
Doc Vega commented on cheeki kea's photo
Thumbnail

remember those days..

"Ha ha Good one and just about the truth! "
21 hours ago
Less Prone favorited Burbia's photo
yesterday
tjdavis posted a photo
yesterday
cheeki kea commented on rlionhearted_3's status
"Keep the posts coming lionhearted they are all arrive in good form at least in my lonely corner of…"
yesterday
cheeki kea commented on rlionhearted_3's status
"I'll try this..."
yesterday
cheeki kea commented on Burbia's photo
Thumbnail

What's in Macron's hand? Cocaine bag?

" Perhaps a tissue he's used to wipe his nose could be a possibility. Seems what ever it…"
yesterday
rlionhearted_3 commented on Burbia's photo
Thumbnail

What's in Macron's hand? Cocaine bag?

"I’m wondering if anyone on this site has seen anything I’ve ever posted?"
yesterday
Burbia commented on Burbia's photo
yesterday
Burbia commented on Burbia's photo
Thumbnail

What's in Macron's hand? Cocaine bag?

"Macron picks up white powdery substance next to glass of water"
yesterday
Burbia commented on Burbia's photo
yesterday
Burbia posted a photo
yesterday
rlionhearted_3 posted a status
"Macron, Zelensky and others are so busted!! State of the Nation has video! I don’t know how to download it? Need help with the download."
yesterday

© 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