4 ms·

The FBI director straight up admits that they violate the 4th amendment routinely, and then begs Congress to not ruin their precious workaround. And yet they wi

The FBI director straight up admits that they violate the 4th amendment routinely, and then begs Congress to not ruin their precious workaround. And yet they will face no punishment whatsoever. Like another commenter said, many people were probably unconstitutionally charged via parallel construction thanks to this crap.

raincom 3y ago
FBI director in his exchange with Senator Lee [1] claims this : the case law shows that 702 doesn't violate 4A. However, Sen Lee retorts back with 'FISA court doesn't even given standing to people who wants to litigate this'. So, Secret courts, lack of standing is what the relevant case law boils down to: if people are not permitted to litigate, no case law is established or challenged. [1] https://www.youtube.com/watch?v=ePBysxMUKoI https://www.youtube.com/watch?v=ePBysxMUKoI
- seanw444 3y ago
  Probably some ridiculous claim that "at the time of the founding, they had no way of knowing how readily accessible data would be." Surely, finding 100x the information with 1/100th the effort compared to then must be 4A-compliant.
ClarityJones 3y ago
The problem with parallel construction is that it implies the defendant is guilty. However, when individuals have secretly accessed the source of evidence, there is a potential that they planted / altered the evidence that they subsequently "find" through a parallel construction. The prosecution inevitably then suggests that the defendant had sole custody of the resources (which is no longer true) and that anything found there must be theirs.
- ClarityJones 3y ago
  Or, they simply left the door unlocked when they left, allowing unknown third parties to also access.
phpisthebest 3y ago
What ever protections the constitution may have provided in the past have been eroded away to nothing starting with the Massive Expansion of the federal government powers from the Wickard case, everything is down hill from that time period. We no longer have a Government subservient to the people, we have a people subservient to an unelected bureaucracy. Free Speech is the next target and it is well on it way to erroding that last freedom using code words of "mis Information", "Hate Speech", "Authoritative sources" and the like
- seanw444 3y ago
  I'd argue the Federal government saw some of its greatest expansions during the civil war, and immediately following. Seconded only by the early 1900s. Ever since the civil war, OG America hasn't existed. The Confederacy was the more original of the two in spirit. But of course, all of the good aspects of the south are clouded by the false claim that the war was over slavery. I'm not pro-slavery, but I'm also not pro-north.
deleted 3y ago
[deleted]

raincom 3y ago

FBI director in his exchange with Senator Lee [1] claims this : the case law shows that 702 doesn't violate 4A. However, Sen Lee retorts back with 'FISA court doesn't even given standing to people who wants to litigate this'. So, Secret courts, lack of standing is what the relevant case law boils down to: if people are not permitted to litigate, no case law is established or challenged. [1] https://www.youtube.com/watch?v=ePBysxMUKoI https://www.youtube.com/watch?v=ePBysxMUKoI

seanw444 3y ago
Probably some ridiculous claim that "at the time of the founding, they had no way of knowing how readily accessible data would be." Surely, finding 100x the information with 1/100th the effort compared to then must be 4A-compliant.

ClarityJones 3y ago

The problem with parallel construction is that it implies the defendant is guilty. However, when individuals have secretly accessed the source of evidence, there is a potential that they planted / altered the evidence that they subsequently "find" through a parallel construction. The prosecution inevitably then suggests that the defendant had sole custody of the resources (which is no longer true) and that anything found there must be theirs.

ClarityJones 3y ago
Or, they simply left the door unlocked when they left, allowing unknown third parties to also access.

phpisthebest 3y ago

What ever protections the constitution may have provided in the past have been eroded away to nothing starting with the Massive Expansion of the federal government powers from the Wickard case, everything is down hill from that time period. We no longer have a Government subservient to the people, we have a people subservient to an unelected bureaucracy. Free Speech is the next target and it is well on it way to erroding that last freedom using code words of "mis Information", "Hate Speech", "Authoritative sources" and the like

seanw444 3y ago
I'd argue the Federal government saw some of its greatest expansions during the civil war, and immediately following. Seconded only by the early 1900s. Ever since the civil war, OG America hasn't existed. The Confederacy was the more original of the two in spirit. But of course, all of the good aspects of the south are clouded by the false claim that the war was over slavery. I'm not pro-slavery, but I'm also not pro-north.

deleted 3y ago

[deleted]