Re:NSA Phone Snooping Cannot Be Challenged in Court, Feds Say
by btilly on Saturday July 20, 2013 @03:17AM
(#6074556)
That is clearly not OK because the 4th specifically mentions that your house is protected.
The issue here is indiscriminate copying of data from third parties through whom your information traveled. Under the government theory it is not a search (because nobody has looked at it), it is not a seizure (because you still have your data), and your person, house, papers and effects were not touched. Therefore it is an activity that lies outside the protection of the Constitutional phrase, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...
The issue here is indiscriminate copying of data from third parties through whom your information traveled. Under the government theory it is not a search (because nobody has looked at it), it is not a seizure (because you still have your data), and your person, house, papers and effects were not touched. Therefore it is an activity that lies outside the protection of the Constitutional phrase, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...