Home Judge’s Opinions Spying In Plain Sight

Spying In Plain Sight

by Andrew P. Napolitano

Last week, the Biden administration asked Congress to permit its agents to continue to spy on Americans without search warrants. The actual request was to re-authorize Section 702 of the Foreign Intelligence Surveillance Act of 1978. FISA requires warrants from the FISA Court for all domestic spying. Section 702 is a 2008 amendment to FISA. It expressly authorizes warrantless spying of foreign persons. The Supreme Court has characterized spying as surveillance and surveillance as a search under the Fourth Amendment. That amendment requires search warrants issued by judges and based upon probable cause of crime demonstrated to the judges. . .

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