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Re:The EARN IT Bill Is the Government’s Plan to Scan Every M... by Barrin92 on Saturday March 28, 2020 @08:02PM (#22715253)
As far as the legal situation is concerned XKeyScore was a foreign intelligence tool, domestic surveillance does still require a Fisa warrant and I don't think there was ever evidence that XKeyScore or similar NSA tools were used as tools of mass surveillance against American citizens.
Re:The EARN IT Bill Is the Government’s Plan to Scan Every M... by 0xcde4c3db on Saturday March 28, 2020 @08:26PM (#22715367)
It's been a while since I've read up on this, but my understanding is that the NSA vacuums up everything it can and operates under the rather creative legal theory that this doesn't count as "collection" until it's returned by the search engine, which they pinky-promise won't return it unless their prediction model is at least 51% sure that it's a foreign communication.