June 11, 2013
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Phone Gate aka I Spy
The government collection of metadata does not per se violate the Constitution, because it is not listening to conversations. However, the government has crossed the line, because rather than just ask for phone records to foreign destinations of interest, it demanded all data on all citizens, and that in my opinion is a violation of provision of the Constitution that prohibits the issuance of General Warrants that don't name specific individuals or organizations. Verizon and other carriers are able to filter the data that they provide to the government, and that is what the intention of the FISA law originally was, not that the government has blanket authorization to spy on everyone.
Comments (4)
Excellent analysis of exactly what the problem is. It is a "general warrant".
Data collection - total data collection - is a reality of our time. this metadata has been collected for years - by the government and by for-profit companies - who have certainly profited. What it all boils down to is: Who to you trust more - your government which you control, or private industry which the government doesn't do a very good job of controlling in your name?
@tychecat - I don't trust either, but I'm stuck with both. And I really don't mind the collection of metadata so much. What I object to is the violation of our Constitution. If the government wants to issue blanket warrentless searches a Constitution Convention should be called for and the Constitution should be properly amended to allow for 21st century realities. Then there would be no conflict such as this one. But just stomping on the Bill of Rights is wrong.
@thereluctantsinger - Depends, to paraphrase Bill Clinton, on what the word "search"means. If you say something and someone overhears you, does that constitute a search? Is deliberately listening to what you say a search? Is reading what you have put online a search? The Constitutional Amendments generally support the idea that "A man's home is his castle" and should not be violated without due process - but does nowhere mention "Right to privacy" - though there are laws against peeking in windows.Welcome to the Brave New World.
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