Proposing the Evisceration of the Fourth Amendment
The Administration, after violating FISA for years while claiming the President as Commander in Chief during Wartime is a King, now wants the Congress to codify violations of the Fourth Amendment:
The Bush administration yesterday asked Congress to make more non-citizens subject to intelligence surveillance and to authorize the interception of foreign communications routed through the United States. Currently, under the 1978 Foreign Intelligence Surveillance Act, individuals have to be associated with a foreign terrorism suspect or a foreign power to fall under the auspices of the FISA court, which can grant the authority to institute federal surveillance. . . . The proposed revisions to FISA would also allow the government to keep information obtained "unintentionally," unrelated to the purpose of the surveillance, if it "contains significant foreign intelligence." Currently such information is destroyed unless it indicates threat of death or serious bodily harm.
This would run afoul of the Fourth Amendment. In U.S. v. Duggan the Second Circuit explained why FISA as currently written is constitutional:
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