Elizabeth Goitein reports:
When Congress reauthorized Section 702 of the Foreign Intelligence Surveillance Act (FISA) in January, it ratified the warrantless collection of potentially millions of Americans’ phone calls and e-mails – content as well as metadata — without suspicion of wrongdoing. It also blessed the FBI’s practice of searching these communications for evidence to use against Americans in domestic criminal proceedings. But the constitutionality of these practices is still very much in question, with only a handful of courts outside the Foreign Intelligence Surveillance Court (or “FISA Court”) having weighed in.
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