Reply to post: Re: Let's be clear. Senators and Con-gresspeople are ignoring the written Constitution.

Then there were four: Another draft US law on 'foreign' (aka domestic) mass spying emerges

ST Silver badge

Re: Let's be clear. Senators and Con-gresspeople are ignoring the written Constitution.

> Which I think I'm right in saying is the highest authority on what is "legal" in the US.

Unfortunately the US Constitution isn't really that clear-cut on what constitutes unreasonable searches and seizures. Note the word unreasonable. That's a weasel-word. Someone has to decide what unreasonable really means. And that's when the circus starts. Everyone has their own definition of unreasonable, and everyone likes their own definition above all the others. Some definitions are more flexible than others.

To the average US person, it probably means they can't, and shouldn't be, spied on under Section 702. To NSA, FBI or DHS today, it means something entirely different. Prior to the USA PATRIOT Act of 2001 it meant something very different to NSA or FBI.

It doesn't help that the entire debate over privacy under Section 702 is often incoherent.

The erosion of the rights under the 4th Amendment started many decades ago. See Asset Forfeiture Laws where law enforcement can confiscate one's belongings without a warrant, based only on suspicion, and where the presumption of innocence principle is turned upside down. I don't hear much about Asset Forfeiture Laws - people don't seem as concerned about these.

I am very skeptical that meaningful change is coming to the interpretation or application of Section 702. It will probably be some watered-down bipartisan compromise [translation: we should make it look like we did something] that amounts to very little in reality.

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