Comment Re:Objectivity? (Score 0) 608
Wow, you've really been snookered. Contrary to political spin, this is not a domestic wiretapping program although some of its activities occur on US soil. Its not even argued to be a 4th amendment issue. The debate revolves around whether or not the wiretaps are governed by statute--specifically by the Foreign Intelligence Surveillance Act. FISA is not a codification of constitutional law.
The 4th amendment protects you only against the issuance by a court of an order compelling you or a third-party (like the phone company) to participate. The privacy of your communications is governed by the Stored Communications Act, the Pen Register Statute, and the Wiretap Act--all of which contain various statutory injunctions against the phone company from participating in wiretapping when a warrant does not pertain.
These statutes all contain exceptions and qualifiers which leave room to debate the legality of a program whose details are at best fuzzy.
The 4th amendment protects you only against the issuance by a court of an order compelling you or a third-party (like the phone company) to participate. The privacy of your communications is governed by the Stored Communications Act, the Pen Register Statute, and the Wiretap Act--all of which contain various statutory injunctions against the phone company from participating in wiretapping when a warrant does not pertain.
These statutes all contain exceptions and qualifiers which leave room to debate the legality of a program whose details are at best fuzzy.
