timschochet said:
I don't think we have to strike the 4th Amendment from the Constitution .
Of course not ... but with the existence of powerful extra-legal entities (e.g. the NSA, deeper-cover agencies) that won't ever uphold the Constitution and cannot be made to do so, the 4th is pretty toothless when it comes to Internet-era privacy concerns.
Only in terms of mass searches, and in those cases I don't mind.But this doesn't need to apply to individual searches. Let's say that the local police are suspicious that you are a drug dealer. They can't just ask the NSA, "Let's have a look at Doug B's emails". They still need to get a warrant. And if they did attempt to use emails obtained without a warrant to prosecute you for a crime, the judge would throw it out. So I disagree with your entire premise. The 4th Amendment is as powerful as its ever been. It was never meant to apply to this sort of collective search through millions of emails, because such a thing wasn't possible before now.
How do you know that any of what you wrote is true? Pretty much everything the government has told you so far about the program has turned out to be a lie.
Which part of what I wrote is false? Are you suggesting that the government will start prosecuting people without obtaining legal warrants?
Do you really believe it impossible for something like the following to occur:
1. Tim suspected of X crime.
2. Local law enforcement calls up the NSA and says, "Hey, you know all that data you've been collecting? While, I need a "mass search" done to see if I can find a pattern on this guy Tim so I can obtain a search warrant"
3. NSA ponies up the data behind the scenes with a select few knowing.
4. Cops show up with a warrant to do a thorough search of Tim's house, car, work, technology and can OFFICIALLY go to the NSA and ask for the data.
5. Tim's screwed.
I believe this to be real. I believe it happens today. What's worse, the government has everyone believing that they have these programs to prevent terrorism so few question them. The worst of all is we can't question them to find out the truth. Why this isn't an issue for more people is beyond me. At this point my only recourse is to make sure I'm ok with whatever I put out on the internet because I have to assume someone is watching.