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View Diary: The Reasons Edward Snowden Will Not Receive a Pardon or Executive Clemency (302 comments)

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  •  OK, so in short, (0+ / 0-)

    according to you, in the days when we communicated on paper via mail and over standard telephone lines, we were protected against warrantless gov't surveillance.  Now that we use other means, we no longer are.

    HamdenRice's diary actually contends that the warrantless interception, recording, and storage of electronic communications -- such as phone calls -- is not prohibited under the Fourth Amendment.  Only the use of such information without a warrant is.

    That's .... breathtaking.  

    Almost equally absurd is the cursory dismssal of Katz v. United States as inapposite because the only remedy it provided was expansion of the exclusionary rule to include the contents of telephone conversations tapped w/o a warrant.  (Hint: that was the only remedy being asked for, and unless you're the Roberts Court in Citizens United, you don't go providing remedies that the parties haven't asked for, or go beyond the scope of what was litigated in the courts below.)

    So now... care to discuss what HamdenRice's extraordinarily narrow reading of Fourth Amendment precedent, his refusal to even deal in a serious way with Katz v. United States (until the "next installment"), and a predictably broad reading of Smith v. Maryland, would do to, say, the contents of VOIP communications?  Oh never mind, as far as you (and Hamden) are concerned the Constitution is just fine with the warrantless, indefinite interception and storage of all our "plain old telephone" conversations as well.

    I gotta admit.... Hamden did a fine job of legal writing in defense of the President and the NSA.  Alberto Gonzales himself couldn't have done a better job.

    "A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defence agst. foreign danger, have been always the instruments of tyranny at home." - James Madison

    by gharlane on Sat Feb 01, 2014 at 08:37:26 PM PST

    [ Parent ]

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