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Constitutional Law

Jul. 15, 2016

FBI, NSA can't sidestep the Fourth Amendment

A DOJ attorney made some dramatic claims at the 9th Circuit last week during argument in an important criminal case involving NSA warrantless surveillance of a U.S. citizen living in Oregon.

Andrew Crocker

Staff Attorney
Electronic Frontier Foundation

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The Department of Justice has adopted a sweeping legal position that bypasses Americans' Fourth Amendment rights in a broad swath of their internet and phone communications. A DOJ attorney made this dramatic claim at the 9th U.S. Circuit Court of Appeals last week, during argument in United States v. Mohamud, an important criminal case involving NSA warrantless surveillance of a U.S. citizen living in Oregon. At the hearing, the DOJ attorney asserted that the government has near f...

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