1) The NSA was created to detect / monitor foreign threats to the US.
2) The Bill of Rights protects US citizens and legal residents, thus it is not relevant to the NSA's spying on foreigners abroad. If Congress funds the operation, the NSA can legally spy on foreigners at will without a warrant.
3) A Cold War tactic of the Soviets was to infiltrate the US. In response to this the NSA's attention was drawn inside, and to, our borders.
4) FISA was enacted in 1978 to limit the NSA's activities with respect to cross-border and US-internal electronic surveillance.
5) FISA is a limiting statute - if it doesn't apply to an NSA activity not covered by another law, the activity is legal.
6) FISA contains a definitions section limiting its application to specific, enumerated circumstances.
7) If the NSA targets a foreigner, and monitors, using a satellite in orbit, that foreigner's calls into and from the US, this does not fit any of those circumstances, thus FISA does not apply.
2007-08-05
10:28:17
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8 answers
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asked by
truthisback
3
in
Politics