Skip to comments.Lindsey Graham: NSA data collection 'not Fourth Amendment' issue
Posted on 02/13/2014 5:23:29 AM PST by cotton1706
Sen. Lindsey Graham, R-S.C., panned a lawsuit against National Security Agency data collection filed by Sen. Rand Paul, R-Ky., saying that the bulk phone data collection program does not involve the Fourth Amendment.
"I think collecting data is not a Fourth Amendment activity if it's related to gathering intelligence to prevent a terrorist attack," Graham told the Washington Examiner. "It's not being used to prosecute anybody. This is an intelligence-gathering process and we'll leave it up to the courts to see if it somehow has violated the Fourth Amendment."
Paul told reporters that the program conflicts directly with the Fourth Amendment. "I just want you to go to a judge, have a person's name, and individualize their warrant," he said, explaining that he doesn't oppose spying or the National Security Agency's ability to review some phone records. "That's what the Fourth Amendment says. I'm not against going to an individual who we suspect, with a warrant, and getting their phone records, and then if they called 100 people, I'm not against looking at those people."
The lawsuit drew mixed reactions in the Senate. Virginia Democrat Tim Kaine said that the NSA program needs some curtailing, but suggested that the real problem lies with the nature of the authorization for the use of military force that provides the legal backdrop for what used to be called the war on terror.
(Excerpt) Read more at washingtonexaminer.com ...
I suppose they found more pictures
Graham doesn’t understand the word ‘unreasonable’. He only understands ‘appeasement’ and big government.
Our problem is not with the data being used to prevent terrorist attacks. Its when its used as a political tool for blackmail or intimidation, Linda Graham.
First off, I’m not convinced they are just collecting metadata and not actual content of communications. But in any event, I’ve never heard whether whatever data they are collecting is stored and archived in a searchable format. If so then it is chillingly intrusive.
Now that’s not fair. Graham also understands the word AMNESTY.
I sure hope and pray that the good people of S.C. remember this on 10 June.
lindsey graham (small letters for a small person) is not a Constitutional scholar. Maybe lindsey is having grand illusions of his power and authority again? It appears most of them do have those types of illusions. Congress and all those people in power in D.C. have one job and one job only and they forget their job constantly. Their job is protect and defend the American People instead the majority of congress and those in D.C. protect and defend terrorists. What a topsy tervy America We the People live in.
What do they have on Graham that he would support this totalitarian activity.
OMG! What a complete sellout this guy is.
Dump Linda, SC.
Well, respectfully Mr. Graham you're either lying or an idiot if you think the 4th Amendment does not apply.
"I think collecting data is not a Fourth Amendment activity if it's related to gathering intelligence to prevent a terrorist attack,"
So you admit that they are collecting data and it would normally be a 4th Amendment issue. With the "if" there though you are excusing them saying it is ok because the ends justify the means - since they are allegedly trying to prevent a terrorist attack it is all right by you that they violate the 4th Amendment.
"It's not being used to prosecute anybody. This is an intelligence-gathering process..."
Again it appears you believe the motives behind it justify it. Is it ok then, in your mind Mr. Graham, if the government violates our other protected rights too - as long as it is for our own good, to keep us "safe?" Tell me, who then keeps us safe from the government? You willing to let them violate your 1st Amendment rights, to keep you safe? (the IRS is trying) Your 2nd Amendment rights? (they sure are trying across the board) The 1st, 2nd, and 4th Amendments are the ones most directly under attack - for the children. To keep us safe, secure...
The 4th guarantees freedom from search and seizure.
The NSA is not warantlessly searching nor seizing the property of citizens. The NSA is collecting data amassed by third party cell phone providers.
The question should be how can the cell providers resist the NSA request for the data?
As much as I hate to disagree with the man, he seems to be correct
Bulk data stored this way is useless for anything. There is not enough time to search for anything unless you are looking for something specific.
But, if you annoy the government, well then lets just see who you’ve been talking to...
Right, Lindsey, the Framers deliberately left out reference to the internet and other electronic means because they felt that would be ok - the principle of privacy against government intrusion wouldn't be affected by that sort of surveillance.
Just like the Second Amendment is only about hunting.
What's all this NSA data collection about?
It's about using the collected metadata to build social networks.
Why do they want to do that? What could social networks be used for in the hands of government? Consider:
How will such capabilities be used now? How They Hunt
Is it already too late?
Yeah.? What law school did this dude attend? I was a a meeting of the federalist society and a law professor spoke. He said it is the lawyers who are the primary objectors holding this administration’s feet to the fire
His fifteen minutes are almost up...
Well Linda, if it’s not a 4th amendment issue, then what is it?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...”
Let me ask you, do you feel secure in your papers and effects if they are being passed on to a government agency without your consent?
You are totally wrong. It is next to useless for its purported purpose - to prevent terrorism. But it is immensely effective for its actual purpose.
With respect. I spent many years working in this field. NSA activity does indeed meet the criteria of a “search.” Coloring it as “data collection” changes nothing.
I think you may miss the point of my argument.
My constitutionally protected personal papers etc are not being passed. The data is not mine, not in my possession.
The data in question is owned by AT&T.
Even if I do mind, I have no legal ability to prohibit AT&T from forking up all of the data.
In the old days, I’m sure my data was actually collected. In days of old, my extensive fax and telex traffic to numerous overseas locations was routinely monitored. I never had a problem though
I think that is exactly MY point
I see, upon rereading, that it is. My apologies for jumping for the keyboard too quickly.
What lying sack o Shiite.
Makes blackmail so easy, Lindsey. Just ask CJ John Roberts...
“The NSA is not warantlessly searching nor seizing the property of citizens. The NSA is collecting data amassed by third party cell phone providers.”
Sure. Like my emails.
Poofter boy will go POOF!
The NSA probably has pictures of Grahmnesty broken over like a shotgun. I am not comfortable with the apparent level of blackmail coming out of our corrupt capital.
It’s time for Lindsey to go.
Doing the dirty work so democrats won’t have to.
Nut-job Conspiracy Theory Ping!
To get onto The Nut-job Conspiracy Theory Ping List you must threaten to report me to the Mods if I don't add you to the list...
Which means, of course, that after review when no link to terrorism is found the data is deleted forever, right? < /sarc >
When will this Nancy Boy be primaried?
Doubtless he will have a TEA party opponent, and the GOPe will do all they can to keep him from losing to a TEA party candidate, no matter what, even if it means bleeding the GOP coffers utterly dry.
We already know that this is a lie thanks to some Snowden documents. They are passing along information to any number of other domestic agencies who are then lying about what their sources are.
This is absolutely a 4th amendment issue.
It's going to come as a surprise to some people that they've been placed on various 'naughty' lists based on their associations. I'm sure some are probably going to be dinged on their 'how slavish is this citizen unit' score for their association with me, for instance.