I have a strong distrust of government over reach. I think that we often times allow out government to go far too far in what we think are noble intentions. But I have to admit that I am at a loss in this area.
Consider, an American citizen talking to another American citizen. Clearly the government would be required to obtain a warrant. However, what legal requirements would be needed in order for the government to listen to the communications of a foreign operative and ANOTHER foreign operative outside the US borders?
Probably none.
But now consider this. A foreign terror suspect, on foreign soil. Can we listen to his communications? And what if those communications are between him and an American citizen?
This is what we’re talking about:
The FISA Amendments Act, (.pdf) which was expiring Friday at midnight, allows the government to electronically eavesdrop on Americans’ phone calls and e-mails without a probable-cause warrant so long as one of the parties to the communication is believed outside the United States. The communications may be intercepted “to acquire foreign intelligence information.”
I happen to agree with Obama’s administration on this one. If we’re targeting a foreign suspect and happen to listen to American citizens, I don’t think that we have a legal requirement to obtain a warrant. However, if we just listen to American citizens in the hopes of catching them talking to terrorists…..different story.