[indthkr]

"So, the government gets around that by saying the NSA is not an investigating body. It merely gathers information. The investigators still need a warrant, but once they have the warrant, they can access the NSA database.

In theory, this should work just fine.

Even if the government doesn't collect this information, it doesn't change the fact that the information is still there to be collected by those that have the means to do so (i.e. corporations, or foreign governments).

NSA or not, there can be no expectation of privacy in an electronic communication of any kind.

[Carry_Okie]

So, the government gets around that by saying the NSA is not an investigating body. It merely gathers information. The investigators still need a warrant, but once they have the warrant, they can access the NSA database.

The Fourth Amendment is fairly comprehensive:

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. My phone usage is under contract for me to have private conversations with persons of my choosing. those having the conversation or email have the reasonable expectation of privacy. If I keep a letter someone sent to me, those are MY papers. They are property. For the government to take possession of those records without a warrant is to SEIZE them, whether taken from me or the phone company. If they record my conversation, they have seized that too. Hence they need a warrant, and it had better not be a fishing license. What would be legal I suppose is for the phone company to be required to maintain the records to be available by warrant. Yet under no circumstances can I see how the NSA or any other agency can take possession of any private property without due process.