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One of the Most Controversial US Spy Programs Just Got Quietly Renewed (www.motherjones.com)
submitted 2 years ago by [M, B] to c/technology@lemmy.world
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One of the Most Controversial US Spy Programs Just Got Quietly Renewed::Congress blew a rare bipartisan chance to protect Americans’ calls and texts.

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[–] 28 points 2 years ago (4 children)

Section 702 of the Foreign Intelligence and Surveillance Act (FISA)

Under Section 702 of FISA, federal investigators do not need a warrant to tap the phone calls, texts, and emails of foreigners outside of the country. But a loophole also lets them access messages that Americans exchange with targets abroad.

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  • [–] 7 points 2 years ago (1 child)

    But a loophole

    Isn't their constitution worth anything?

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  • [–] 10 points 2 years ago*

    Unfortunately our legal system doesn't require the review of every law for it's constitutionality before it gets passed. To fight the issue on constitution grounds someone would need to sue the government for violating their rights this way.

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  • [–] 4 points 2 years ago (2 children)

    Is it a loophole? Anything sent to the foreign target regardless of origin is a message they received and will be captured, surely.

    If an American texts "it's terrierism time" to someone being tapped, how much of an expectation of privacy would there be.

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  • [–] 2 points 2 years ago

    "loophole" is a link in the article to https://www.motherjones.com/politics/2023/12/one-of-the-most-controversial-us-spy-programs-just-got-quietly-renewed/

    As I understand it, there's really two loopholes. One is that they can scoop communications in either direction from the particular communication in question, so could be American to American or foreign to foreign. The other loophe is all of this is put into a database that other agencies can access without a warrant, meaning your domestic communications are freely available.

    They're covering their eyes but peeking between their fingers.

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