Debunking Myths on the National Security Impact of Warrants for U.S. Person Queries
Warrantless queries of Americans’ communications obtained via Section 702 of the Foreign Intelligence Surveillance Act (“FISA 702”) are antagonistic to the basic principle of the Fourth Amendment. Deliberately seeking to read Americans’ private communications – but without ever showing evidence of wrongdoing or obtaining independent approval from a judge – violates the Constitution, disrespects American values, and opens the door to abuse.
Opponents of FISA reform nonetheless oppose requiring a warrant for U.S. person queries by claiming these queries provide huge value that would be disrupted by a warrant requirement. These claims are false – in reality a warrant rule has been carefully designed to account for the limited value that such queries provide.
Warrantless queries of Americans’ communications obtained via Section 702 of the Foreign Intelligence Surveillance Act (“FISA 702”) are antagonistic to the basic principle of the Fourth Amendment. Deliberately seeking to read Americans’ private communications – but without ever showing evidence of wrongdoing or obtaining independent approval from a judge – violates the Constitution, disrespects American values, and opens the door to abuse.
Opponents of FISA reform nonetheless oppose requiring a warrant for U.S. person queries by claiming these queries provide huge value that would be disrupted by a warrant requirement. These claims are false – in reality a warrant rule has been carefully designed to account for the limited value that such queries provide.