Thursday, July 29, 2010

Why bother with a court order, when your intentions are so good and wholesome?

From the Washington Post, here's something else for your "Meet The New Boss, Same As The Old Boss" file:

The Obama administration is seeking to make it easier for the FBI to compel companies to turn over records of an individual's Internet activity without a court order if agents deem the information relevant to a terrorism or intelligence investigation.

The administration wants to add just four words -- "electronic communication transactional records" -- to a list of items that the law says the FBI may demand without a judge's approval. Government lawyers say this category of information includes the addresses to which an Internet user sends e-mail; the times and dates e-mail was sent and received; and possibly a user's browser history. It does not include, the lawyers hasten to point out, the "content" of e-mail or other Internet communication.

But what officials portray as a technical clarification designed to remedy a legal ambiguity strikes industry lawyers and privacy advocates as an expansion of the power the government wields through so-called national security letters. These missives, which can be issued by an FBI field office on its own authority, require the recipient to provide the requested information and to keep the request secret. They are the mechanism the government would use to obtain the electronic records.

I don't know about you, but to me this sounds like a 4th Amendment violation. 

 Your communications, whether written (papers) or online (effects) are not Barack Obama's business, and he cannot have access to those communications without a court order. 
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It really is that simple. 
No one will ever convince me that Barack Obama was a constitutional law professor. 
Freakin' fascist. 
Pic came from a post-Blownstar event.  I like houses that have the 4th Amendment in a frame on the wall. 


Anonymous said...
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Anonymous said...

National Security Letters: 21st-century writs of assistance.

This is consistent with the Obama administration's previous claim that the Feds should be able to track citizens' movements via cell phone without a warrant. Which is consistent with the Bush administration's argument that the Feds should be able to wiretap phones without a warrant.