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Clip Created Dec 31, 2012

Wyden on the FISA "Backdoor Search" Loophole

Clipped from:Senate Session
Dec 27, 2012

Sen. Ron Wyden explains how a loophole the FISA surveillance provision designed for warrantless surveillance of foreign terrorists permits spying on innocent Americans.

2 minutes, 14 seconds | 233 views


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00:00:00 GOVERNMENT GOING TO A SECRET COURT ON A YEARLY BASIS AND GETTING PROGRAMMATIC WARRANTS TO COLLECT PEOPLE'S PHONE CALLS AND EMAILS WITH NO REQUIREMENT THESE COMMUNICATIONS ACTUALLY BELONG TO PEOPLE INVOLVED WITH TERRORISM OR ESPIONAGE.
00:00:17 THIS AUTHORITY ISN'T SUPPOSED TO BE USED AGAINST MEN'S, BUT IN FACT INTELLIGENCE OFFICIALS SAY THEY DON'T EVEN KNOW HOW MANY AMERICAN COMMUNICATIONS THEY ARE ACTUALLY COLLECTING.
00:00:27 AND THE FACT IS, ONCE THE GOVERNMENT HAS THIS PILE OF COMMUNICATIONS, WHICH CONTAINS AN UNKNOWN BUT POTENTIALLY VERY LARGE NUMBER OF AMERICANS' PHONES, E-MAILS, THERE ARE SURPRISING FEW RULES ABOUT WHAT CAN BE DONE WITH IT.
00:00:45 FOR EXAMPLE, MR.
00:00:47 PRESIDENT, THERE IS NOTHING IN THE LAW THAT PREVENTS GOVERNMENT OFFICIALS FROM GOING TO THAT PILE OF COMMUNICATIONS AND DELIBERATELY SEARCHING FOR THE PHONE CALLS OR E-MAILS OF A SPECIFIC AMERICAN, EVEN IF THEY DON'T HAVE ANY ACTUAL EVIDENCE THAT THE AMERICAN IS INVOLVED IN SOME KIND OF WRONGDOING, SOME FIND OF NEFARIOUS ACTIVITY.
00:01:11 AGAIN, IF IT SOUNDS FAMILIAR, IT OUGHT TO, BECAUSE THAT'S HOW I BEGAN THIS DISCUSSION TALKING ABOUT THESE SORT OF GENERAL WARRANTS THAT SO UPSET THE COLONISTS.
00:01:24 GENERAL WARRANTS ALLOWING GOVERNMENT OFFICIALS TO DELIBERATELY INTRUDE ON THE PRIVACY OF INDIVIDUAL AMERICANS AT THEIR DISCRETION WAS, AS I'VE OUTLINED THIS MORNING, THE ABUSE THAT LED AMERICA'S FOUNDING FATHERS TO RISE UP AGAINST THE BRITISH, AND THEY ARE EXACTLY WHAT THE FOURTH AMENDMENT WAS WRITTEN TO PREVENT.
00:01:43 IF GOVERNMENT OFFICIALS WANT TO SEARCH AN AMERICAN'S HOUSE OR READ THEIR E-MAILS OR LISTEN TO THEIR PHONE CALLS, THEY ARE SUPPOSED TO SHOW EVIDENCE TO A JUDGE AND GET AN INDIVIDUAL WARRANT.
00:01:55 BUT THIS LOOPHOLE IN THE LAW ALLOWS GOVERNMENT OFFICIALS TO MAKE AN END RUN AROUND TRADITIONAL WARRANT REQUIREMENTS AND CONDUCT BACKDOOR SEARCHES FOR AMERICANS' COMMUNICATIONS.
00:02:09 NOW, LET ME BE CLEAR, MR.
00:02:12 PRESIDENT. IF THE GOVERNMENT HAS CLEAR EVIDENCE
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