back to article Court rules FISA Section 702 surveillance of US resident was unconstitutional

It was revealed this week a court in New York made a landmark ruling that sided against the warrantless state surveillance of people's private communications in America. Specifically, it was decided the FBI had violated a US resident's Fourth Amendment rights against unreasonable searches by looking through a vast database of …

  1. Yet Another Anonymous coward Silver badge

    Wasn't the FBI

    Responsible for the persecution of the noble patriotic freedom fighters who bravely attempted to stop an evil Vice President 4 years ago?

    1. KittenHuffer Silver badge
      Joke

      Re: Wasn't the FBI

      The Federal Bureau of Investigation

      They had thirty eight thousand men

      They marched them up to the top of the hill

      Then they marched them down again

      And when they were good they were good

      And when they were bad they were bad

      And when they were only half way good

      They were neither good nor bad!

  2. John Smith 19 Gold badge
    Thumb Up

    OMFG This has taken soooo long

    It's a start.

    Now how about sunsetting the relevant parts of THE PATRIOT Act as well?

    1. Brian 3

      Re: OMFG This has taken soooo long

      we need to sunset every person who voted for them as well, and every person who kept approving them

      we need it to be a criminal act to abrogate the constitution as well as criminalizing attempting to pass unconstitutional legislation - retroactive

      it would take the unachieved yet petition method to do so, IMO

  3. scotty86

    "The ruling was made in December and unsealed Tuesday."

    Surely it was unsealed ON Tuesday?

    That is all...

    1. This post has been deleted by its author

  4. imanidiot Silver badge

    ""I can assure the American people, the Chinese government is not tying its hands behind its back. It's going the other direction, and we need to do the same."

    This has very high stink of "but he started it" levels of argument here. Just because China wants to drag net it's own citizens doesn't mean the US should. And if it wants to drag-net foreigners and use some of that data gainst a US national, is it REALLY too much to ask for them to get a warrant based on "hey, we found legal evidence this foreigner is communicating with a US national, can we please gather more evidence to determine who it is?"

    "just do whatever you want" is not a level of freedom we should want to give security agencies.

    1. CA Dave

      Yeah it's a hell of a thing to say, "But Uncle! Communism does it, so why can't I?? For national security!!"

      Trump already tried to say "Who needs a 14th Amendment?"

      Now we have the FBI crying they're just as handcuffed as ICE?

      It hasn't even been a week yet...

      1. Not Yb Bronze badge

        This year's silly season will last for at least 4 years.

    2. handle handle

      "I can assure the American people, the Chinese government is not tying its hands behind its back. It's going the other direction, and we need to do the same."

      This attitude is just a race to the bottom.

      I have little desire to live in China. If he likes it so much he can go there and work for the CCP.

  5. lglethal Silver badge
    Facepalm

    Considering how many judges will happily agree to any warrant presented to them, is it really sooooo much more work for them to just request the bloody warrant?

    I doubt it.

    You already have a target, just ask if you can search the database for extra info, because you think theyve been talking to bad foreign people. This does not seem like it should be an issue...

    Pure laziness from the FBI. Or they want to be able to keep doing their fishing expeditions...

    1. Anonymous Coward
      Anonymous Coward

      Getting a warrant leaves paperwork - what if the domestic terrorists you were monitoring end up in power ?

      1. M.V. Lipvig Silver badge

        You vote him and his useless kneepad stress tester out of office, of course.

  6. Wang Cores

    You can't track down "tourists" who physically breached secure areas of the physical capitol building while in contact with law enforcement on the ground without public tips, but we can be assured these nefarious Chinese agents, are in fact there to justify mass warrantless surveillance.

    Ok, right, sure. I am also a porn star.

    1. ecofeco Silver badge

      8 hours and nobody said it?

      "User name checks out."

  7. Andy The Hat Silver badge

    "... If confirmed as DNI, I will uphold Americans’ Fourth Amendment rights while maintaining vital national security tools like Section 702 to ensure the safety and freedom of the American people."

    A Trump appointment meaning "the safety and freedom of the American people except anyone recognising, actively acting on behalf of or supporting in any way those identifying as LQBTQ+, non-american citizens or unbelievers as per the words preached by the Lord High Marshal 'till Underverse comes!"

  8. ChoHag Silver badge
    Holmes

    > It may in future need to get a warrant for this kind of snooping.

    Don't make us ask for permission! We might not get it!

    1. DS999 Silver badge

      I hope no one believes FISA survellience will end

      Trump didn't like it when it was directed at his cronies like Michael Flynn, but with sycophants like Tusli Gabbard instead of people with actual national security experience in charge, Trump will LOVE having this, because he'll point it at anyone he doesn't like. Even the minimal safeguards of getting approval from a FISA court will likely go away under Trump, he'll just go this stuff while claiming he isn't. If there's a whistleblower that provides evidence to the contrary they'll be pilloried in right wing media, Trump will make mean tweets about them, and the kind of awful people Trump just pardoned will make death threats against them. And maybe actually carry them out, believing that Trump will pardon them for it. And he might do just that.

  9. An_Old_Dog Silver badge
    Devil

    Not the Win You Think it is

    Okay, great: it's now "unconstitutional" to troll the commo-intercept data pools for evidence against U.S. citizens without a warrant. But if the government does it anyway, and hauls you in front of the beak, your solicitors won't be able to have the illegally-used evidence suppressed, due to "unrelated reasons", and (most-likely) off to the clink you go!

    One reason this constitutional protection was established was to prevent a malicious Very Important Person in government from commanding his minions, "Go spy on this guy and see what you can dig up. I don't like him, and there must be *something* you can find." And while the government minions may not find enough evidence of illegal activity to convict the victim, or to convict them of a serious crime, e.x.: five unpaid parking tickets and an instance of jaywalking, they may find enough evidence to ruin him in the court of public opinion. Since all governmental court procedings and records are publicly-available, those irrelevant-to-the-charges things will become public knowledge.

    As we all know, there never have been, currently are not, and never will be, malicious Very Important People in government. /sarcasm

    1. Cliffwilliams44 Silver badge

      Re: Not the Win You Think it is

      Oh, you mean like Barrack Obama and Joe Biden using the FBI to spy on their political opponent?!

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