06 March 2008

The real problem with FISA: They've got all our email. (Foreign-to-foreign is pure disinformation.)

Remember how Bush’s illegal and unconstitutional warrantless surveillance program was originally about wiretaps? And then morphed into being about foreign-to-foreign communication? Well, that was all disinformation. Turns out it’s all about email. Your “papers,” as the Fourth Amendment has it. WaPo:

At the breakfast yesterday [Kenneth Weinstein, assistant attorney general for national security] highlighted a different problem with the current FISA law than other administration officials have emphasized. Director of National Intelligence Mike McConnell, for example, has repeatedly said FISA should be changed so no warrant is needed to tap a communication that took place entirely outside the United States but happened to pass through the United States.

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