King George is watching you

No need to read me my rights. I always keep a copy of the U.S. Constitution in my wallet.

Recent news has inspired me to reread the 4th Amendment. It says:

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.

Today it is understood that electronic surveillance counts as a "search." So the government can't do this without a warrant. Period.

If the government wants to do surveillance of U.S. citizens for the purpose of gathering foreign intelligence information, it must obtain a warrant from a special Foreign Intelligence Surveillance Court (FISC), as per the Foreign Intelligence Surveillance Act (FISA) of 1978. This court has processed many FISA requests over the years, and FISA even has a provision that allows the government, in case of emergency, to begin surveillance activities while the warrant is pending (see Section 1805(f)).

This past week we've found out that President Bush has been authorizing surveillance on U.S. citizens without going through the FISA process -- or any judicial process, for that matter. It is curious that he should choose to do so, given that FISA is intended to be quick and easy and should hardly pose any obstacle at all. The Chicago Tribune editorial page, usually a defender of all things Republican, ran an editorial yesterday criticizing the President for this "misstep" and noting that this is likely a violation of the law. It followed up with yet another article today, in much the same vein. Worth reading.

I'll leave you with a quote by Ben Franklin: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."