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IANAL but aren't warrants designed to override privacy when there is existing probable cause? IMO one problem is sweeping collection and indefinite storage for
by socillion 13y ago
IANAL but aren't warrants designed to override privacy when there is existing probable cause? IMO one problem is sweeping collection and indefinite storage for the purposes of trawling for crimes. The other is that the FISA court could be a token "APPROVED" rubber stamp for all we know, taking a "guilty until proven innocent" stance on anyone outside the US.
The bit that really bothers me is the total lack of transparency and accountability.
- rdl 13y agoThe collect-first and degree of oversight in FISA are issues, but generally you can't get a warrant to access protected communications (lawyer, doctor, priest) unless that professional is actually a co-conspirator, not just a professional service provider. There are exceptions (e.g. child abuse, imminent harm, etc.) to the privilege, though. And I think weaker spousal privilege (not being compelled to testify, but if wiretapped, that's fine). IANAL.