Tuesday, February 07, 2006
Things to Keep In Mind About Domestic Spying
I recommend reading the whole thing.Point #1: Electronic surveillance by the Government is strictly limited by the Constitution and Federal Law
The law on surveillance begins with the Fourth Amendment to the Constitution, which states clearly that Americans' privacy may not be invaded without a warrant based on probable cause. [...]
Point #2: There are only three laws that permit the government to spy
There are only three laws that authorize any exceptions to the ban on electronic eavesdropping by the government. [...]
Point #3: The Bush-NSA spying was not authorized by any of these laws [...]
Point #4: Congress's post-9/11 use-of-force resolution does not legitimize the Bush-NSA spying[...]
[...] that resolution contains no language changing, overriding or repealing any laws passed by Congress. Congress does not repeal legislation through hints and innuendos, and the Authorization to Use Military Force does not authorize the president to violate the law against surveillance without a warrant [...]
Point #5: The need for quick action does not justify an end-run around the courts[...]