The NSA's Surveillance Is Unconstitutional

Wall Street Journal ^ | July 11, 2013 | Randy Barnett

[Sopater]

Due largely to unauthorized leaks, we now know that the National Security Agency has seized from private companies voluminous data on the phone and Internet usage of all U.S. citizens. We've also learned that the United States Foreign Intelligence Surveillance Court has approved the constitutionality of these seizures in secret proceedings in which only the government appears, and in opinions kept secret even from the private companies from whom the data are seized.

If this weren't disturbing enough, the Consumer Financial Protection Bureau, created by the 2010 Dodd-Frank financial reform, is compiling a massive database of citizens' personal information—including monthly credit-card, mortgage, car and other payments—ostensibly to protect consumers from abuses by financial institutions.

All of this dangerously violates the most fundamental principles of our republican form of government. The Fourth Amendment has two parts: First, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Second, that "no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

By banning unreasonable "seizures" of a person's "papers," the Fourth Amendment clearly protects what we today call "informational privacy." Rather than seizing the private papers of individual citizens, the NSA and CFPB programs instead seize the records of the private communications companies with which citizens do business under contractual "terms of service." These contracts do not authorize data-sharing with the government. Indeed, these private companies have insisted that they be compelled by statute and warrant to produce their records so as not to be accused of breaching their contracts and willingly betraying their customers' trust.

[Sopater]

Congress or the courts must put a stop to these unreasonable blanket seizures of data and end the jurisdiction of the Foreign Intelligence Surveillance Court to secretly adjudicate the constitutionality of surveillance programs. Both practices constitute a present danger to popular sovereignty and the rights retained by the people.

But first, the sovereign people of America want to be sure that their bread and circuses are not compromised.

[jeffc]

"The NSA's Surveillance Is Unconstitutional"

Yeah? So is Obama and his policies.

[Buckeye McFrog]

This idea is quickly becoming mainstream.

How will the spooks react? Retreat into the shadows, or kick it up a notch?

[Repeal The 17th]

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http://www.ozarksfirst.com/story/congress-may-vote-today-to-strip-nsa-of-domestic-spying-tools/d/story/-bwfluzQmkyKa6qSf0CsIQ
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“...The bill would strip the NSA of its authority to collect records in bulk.
The security agency would have to show that a specific individual
is under investigation before collecting such information...”
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Constitution of the United States
Amendment IV - Search and arrest
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation,
and particularly describing the place to be searched,
and the persons or things to be seized.

[StolarStorm]

I think we are in a secret state of martial law, and that is how they are allowed to do this.

[Revelation 911]

Im following your thought but would like to see what you point to specifically as an indicator besides this