Decius wrote:
The Bush administration said yesterday that it plans to start using the nation's most advanced spy technology for domestic purposes soon, rebuffing challenges by House Democrats over the idea's legal authority.
Homeland Security Secretary Michael Chertoff said his department will activate his department's new domestic satellite surveillance office in stages, starting as soon as possible with traditional scientific and homeland security activities -- such as tracking hurricane damage, monitoring climate change and creating terrain maps.
The NAO surge continues roughly as you'd expect ...
"I have had a firsthand experience with the trust-me theory of law from this administration," said Harman, citing the 2005 disclosure of the National Security Agency's domestic spying program, which included warrantless eavesdropping on calls and e-mails between people in the United States and overseas. "I won't make the same mistake. . . . I want to see the legal underpinnings for the whole program."
Thompson called DHS's release Thursday of the office's procedures and a civil liberties impact assessment "a good start." But, he said, "We still don't know whether the NAO will pass constitutional muster since no legal framework has been provided."
I think there is some reasonable debate here about whether people have no expectation of privacy in regard to things that are only visible from above. At the time the Constitution was written, certainly, a hedge afforded some privacy.
I don't think the constitution grants anyone privacy in their telephone conversations. The constitution certaintly can not prevent you from having freedom of speech - but I see nowhere in the document where it says one can't listen in on your phone converations.
Using the telephone/internet - isn't a right at all. Listening in on telephone/internet traffic isn't forbidden in the constitution either - so if a terrorist or NON-terrorist wants to talk without having someone listen in - they have to either setup their own telephone network; use two cans and strings, or just go talk in in their house privately.
I'd be glad to change my mind on this if someone could show me evidence to the contrary.