writing in wsj, constitutional professor says nsa programme is unconstitutional.
"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.
...With the NSA's surveillance program, the Foreign Intelligence Surveillance Court has apparently secretly approved the blanket seizure of data on every American so this "metadata" can later provide the probable cause for a particular search. Such indiscriminate data seizures are the epitome of "unreasonable," akin to the "general warrants" issued by the Crown to authorize searches of Colonial Americans."
http://online.wsj.com/article/SB10001424127887323823004578593591276402574.html
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