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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