Saturday, June 15, 2013

Trespass of Fourth Amendment Rights by NSA

Open email to Sen. Cruz (Texas):
Dear Sen. Cruz,
    As you know, a few weeks ago whistleblower Edward Snowden informed the British newspaper Guardian that the National Security Agency (NSA) was collecting phone call information on US citizens in contradiction of what he considered Fourth Amendment rights. This created a firestorm in the press and was followed by further revelations that the NSA surveillance program involved considerably more than only the initial report on Verizon telephone calls.
    NSA, which is obviously part of the Obama Administration, has made an all-out effort to justify the surveillance program by recently inviting Congress to top security briefings on the program.
    Congress has had mixed feelings on these briefings. For example, Sen. Bob Corker (R-Tenn.) said,
“We were given some very specific and helpful information about how these programs have helped keep Americans safe.” “I can’t imagine any U.S. senator sitting through a briefing like we just had and not feeling thankful for the efforts that NSA and others put forth.” Conversely, Senator Ron Wyden (D-Ore.) and Sen. Mark Udall (D-Colo.) expressed public skepticism with NSA Chief General Keith Alexander’s assertions that phone records may have helped avert “dozens” of terrorist events.
    I see no reference to your having attended these top security NSA briefings. If you have, I would like to have your opinion. Meanwhile, I will give you mine.
        The issue is not whether the NASA surveillance program may have helped in protecting the American public from terrorist acts. I have sure that a case can be made that it may have. However, the question is whether the NASA surveillance program violates citizens Fourth Amendment rights as granted by the Constitution.
    I have previously written on this subject and have made the point that case English law, on which the Fourth Amendment is based, requires that an individual's personal records may be seized by the government only if a warrant specifically claims justification through the individual having committed or or being suspected of committing an illegal act. In other words, no fishing expeditions. It is obvious that the seizure of everyone's telephone records and emails is not justified by this consideration.
    I am not saying that NSA should not have a surveillance program justified by an effort to identify potential terrorists. I am saying that the Fourth Amendment allows the existence of such a program, with limitations, and those limitations have been exceeded. NSA must revise its position to be more specific to justify record seizure, or probably more practical, to destroy those seized records and obtain from the holders [cell phone companies and holders of email servers such as Facebook] only those records which have a basis in suspicion of illegal acts.
    May I have your opinion on this?

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