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Non citizens living and visiting the US have the same protections as US citizens. US citizens only get special protection when outside of the country; the NSA s
by alexeisadeski3 13y ago
Non citizens living and visiting the US have the same protections as US citizens. US citizens only get special protection when outside of the country; the NSA still isn't really supposed to spy on them then, though technically and legally they probably could.
- mpyne 13y agoTechnically they obviously could, legally the Fourth Amendment does apply, but for that case the FISC is used to obtain warrants if needed, instead of the normal law enforcement warrant pipeline. The larger concern is probably simply that as long as any party to a communication is a non-U.S. person outside the U.S., that communication is fair game for the NSA under EO 12333 authority alone.
- alexeisadeski3 13y ago>legally the Fourth Amendment does apply Legally the Fourth Amendment probably does not apply. Constitutional protections are provided only within US jurisdiction. If you are a US citizen outside of US jurisdiction, then the government isn't required to extend those protections to you. The lack of spying on US citizens outside of US borders is more of a courtesy - the government doesn't yet consider it worth rolling the Supreme Court dice.
- mpyne 13y agoThanks for making me double check, seems you're right. The most restrictive requirement seen in courts appears to be a "reasonableness" requirement judging by the totality of the circumstances involved: http://www.volokh.com/posts/1227548515.shtml http://www.volokh.com/posts/1227548515.shtml