The Fourth Amendment Forecloses a Foreign Intelligence Exception: A Brief Case Against the FISA Section 702 Program

On Tuesday, the Senate version of an extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA) was leaked. It is a near carbon copy of the same bill that was roundly defeated in the House in late April. And like the House bill, the Senate legislation lacks the only thing that matters: a warrant requirement to search the stored data of Americans collected under the program.

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