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View Diary: Why Progressives Are Wrong About the NSA (79 comments)

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  •  Question on Searches AND Seizures (1+ / 0-)
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    Roadbed Guy

    A commenter said, " The 4th amendment is a prescription against UNREASONABLE searches. Metadata is not an unreasonable search." Everybody seems focused on whether or not the metadata might be used either legally or illegally.  

    The 4th amendment protects against unreasonable searches and SEIZURES. I understand that they are not supposed to be searching through the information without proper oversight, without a reason, but how is the  collection itself not a "seizure"? I have never heard anybody talk about this and think I must be missing something in how I am reading the amendment or my interpretation of the word "seizure".

    (I may have just missed discussions about this).

    •  The "out" wrt seizures is that that implies (0+ / 0-)

      that the government has taken something that is yours and you no longer have it (i.e., you are deprived of your property).

      That is not the case here, you still have whatever you had before, it's just that now the government has an exact copy of it.  Legally that's not "seizure"

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