Re:Rand Paul: NSA Routinely Monitors Americans’ Communicatio...
by toddmorey on Monday March 13, 2017 @01:07PM
(#13859825)
Would be interesting to get a comprehensive list of what is and isn't available without a warrant from a judge. For example...
"Police can get phone records without a warrant thanks to a 1979 Supreme Court case, Smith v. Maryland, which found that the Constitution's Fourth Amendment protection against unreasonable search and seizure doesn't apply to a list of phone numbers. The Electronic Communications Privacy Act (ECPA) — a 1986 law that underpins much of how the government can get digital data — requires providers to allow access to real-time data with a court order and historical data with a subpoena."
https://www.propublica.org/special/no-warrant-no-problem-how...
Re:Rand Paul: NSA Routinely Monitors Americans’ Communicatio...
by shagie on Monday March 13, 2017 @12:39PM
(#13859433)
A formal statement of "we want this information and may be using it." There is a lot of paperwork that government goes through to document how it gets its information. Getting the information via warrant shows that this was asked for and received in a legal manner (rather than someone dropping some illegally obtained data on a website - even if there are legal channels to get it).
Re:Rand Paul: NSA Routinely Monitors Americans’ Communicatio...
by kfe on Monday March 13, 2017 @12:41PM
(#13859476)
I think it is important to note, that thought "lots of stuff" may may be available to the government without a warrant, "lots of stuff" may not be usable in court without a warrant. So - search warrant is often needed...
Re:Rand Paul: NSA Routinely Monitors Americans’ Communicatio...
by fictioncircle on Monday March 13, 2017 @12:40PM
(#13859444)
They can't get the content of communications w/o a warrant is the reason. They need that for legal action.
However, the stuff they can get without a warrant is enough people /do/ freak out if its applied in a manner they understand.
edit: Maybe my sarcasm/snark wasn't clear: almost the entirety of the parent comment's list of stuff available to the government without a warrant actually requires a warrant.