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Here's some background on what's actually going on: http://news.cnet.com/8301-13578_3-57588752-38/google-to-feds-let-us-talk-about-government-surveillance-pleas

• leoc 13y ago
  > And the surveillance process must comply with the Fourth Amendment. This phrasing seems to suggest that the intended target of FISA 702 - the US cloud data of non-US-resident non-US-citizens - enjoys Fourth Amendment-based protections, such as the probable cause requirement, under FISA 702. But in fact it seems that (IANAL) FISA 702 is compatible with the Fourth Amendment (if it is) only in the sense that slavery was compatible with the Fifth Amendment: simply because the Fifth Amendment does not apply to slaves. If 702 envisaged non-resident aliens' US cloud data as being protected by the Fourth Amendment then it would presumably require the US government to establish probable cause at the FISC (or some other court). But in fact 702 doesn't seem to require the government to claim any kind of cause or suspicion or even state any purpose or motivation for the search to the FISC. The FISA 702 PowerPoints obtained by the ACLU under FOI make it clear that the US government understands FISA 702 as removing the probable cause requirement http://www.aclu.org/files/pdfs/natsec/faafoia20101129/FAAFBI0067.pdf http://www.aclu.org/files/pdfs/natsec/faafoia20101129/FAAFBI... .