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View Diary: Nat Hentoff Warns of a Surveillance State & Quotes Kossack (72 comments)

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    Geekesque, CanyonWren

    i am aware of the 4th amendment, in fact, but it comes after a few questions have to be addressed.  The first is whether there's a statute authorizing the collection of data.  This is not completely clear.  The second is whether there is an Article I power authorizing it, or whether there is an implied Article II power authorizing it.  If there's a statute in this case, it would fall under any number of authorization clauses, and the notion there's an inherent national defense power in Article II is weak, but not trivial.  Then, the question of the 4th amendment comes up, but it's not addressed simply by pointing out that data are collected.  First, which data.  This we don't completely know, which is a problem.  Second, whether that data is data in which one has a reasonable privacy interest.  Collecting data may or may not be a search, and only unreasonable searches require warrants.   There are real issues here, but jumping right to the Constitution, let alone positing a violation, is bad law.  Hentoff blows it, in other words.

    The study of law was certainly a strange discipline. -- Yukio Mishima

    by Loge on Wed Apr 04, 2012 at 10:46:40 AM PDT

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      KenBee

      I'm not versed in the legality of "secret" laws or provisions/interpretations of laws--obviously these are under national defense power, but how is one checked if its interpretation is wildly off the mark, federal court or some secret panel somewhere?

      Republicans...What a nice club that is. A club of liars, cheaters, adulterers, exaggerators, hypocrites and ignoramuses. Der Spiegel

      by CanyonWren on Wed Apr 04, 2012 at 08:17:25 PM PDT

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