The NSA has confirmed in an article from The Guardian
that a loophole in the restrictions against domestic spying was
employed to search US citizens communications without any warrant. This
should probably come as no surprise given that NSA will use any opening
to do whatever they like to anybody. Senator Ron Wyden initiated the
question, finally responded to by James Clapper in typical elaborate
double-talk.
“There have been queries, using US person identifiers, of
communications lawfully acquired to obtain foreign intelligence
targeting non-US persons reasonably believed to be located outside the
United States,” Clapper wrote in the letter, which has been obtained by
the Guardian.
“These queries were performed pursuant to
minimization procedures approved by the Fisa court and consistent with
the statute and the fourth amendment.”
Ron Wyden and Mark Udall responded.
On Tuesday, Wyden and Udall said the NSA’s warrantless searches of
Americans’ emails and phone calls “should be concerning to all.”
“This
is unacceptable. It raises serious constitutional questions, and poses a
real threat to the privacy rights of law-abiding Americans. If a
government agency thinks that a particular American is engaged in
terrorism or espionage, the fourth amendment requires that the
government secure a warrant or emergency authorisation before monitoring
his or her communications. This fact should be beyond dispute,” the two
senators said in a joint statement.
They continued: “Today’s
admission by the Director of National Intelligence is further proof that
meaningful surveillance reform must include closing the back-door
searches loophole and requiring the intelligence community to show
probable cause before deliberately searching through data collected
under section 702 to find the communications of individual Americans."
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