Judge Andrew P. NapolitanoA Government That Assaults Liberty

During The FBI’s written response to a Freedom This is Information Act Requesting information on the trade names of the suppliers of surveillance software purchased by the FBI, the government submitted a legal brief to a federal court. The government silently acknowledged its antipathy to constitutional provisions, which all its employees have sworn that they would uphold.

Since Software used to spy on people is what we are referring to Americans In the U.S. as well as abroad, the right to privacy is a constitutional right that is being violated.

This The ancient natural right to be left alone is protected. Supreme Court It took 175 Years to recognize that the was being protected by Fourth Amendment. Since Despite near universal judicial acceptance of the constitutional right’s protection in 1965, the executive branch has continued to negate it.

Here This is the backstory.

The Fourth AmendmentThe law, which requires search warrants to be issued by the court for all searches or seizures, protects data storage devices. ThusOwners of desktop computers and mobile devices have privacy rights in the data they store. Even This interpretation is narrow and guarantees privacy. “persons, houses, papers, and effects,” It is important to recognize that a computer chip can be used to identify an individual. “effect” This protection is available to the owner.

It It is a commitment to the simple language, general understanding, as well as the definitive judicial readings of the Fourth Amendment All in government have taken this pledge.

During The Trump Administration, likely behind the president’s back, but with the knowledge and support of senior people appointed by him, the FBI bought IsraeliSoftware manufactured from scratch, also known as zero-click. Zero-click refers the software’s ability to target and download computer contents without having to trick an unwary target into clicking a link. The This diabolic software manufacturer is NSO. The trade name for the software is Pegasus.

When President Joe Biden The FBI used a variety of cryptocurrencies to inform their investigations. Pegasus Without search warrants, he rescinded its government use and his Department This is Commerce All banned American Purchases from NSO The The FBI now has this software stored in a warehouse New Jersey.

Why didn’t Biden Do you think he can do his job and ban all warrantless spying on domestic citizens?

Last week, Rep. Adam Schiff, D-Calif., the outgoing chair House Intelligence CommitteeIt was revealed that the Drug Enforcement Administration Has purchased a similar product PegasusThe name of the company is GraphiteFrom another Israeli manufacturer is also called Paragon. Schiff This was revealed in time Congress Include in the $1.65 trillion Omnibus Legislation, which was enacted just before ChristmasThese provisions give the director of national Intelligence the power to ban all intelligence agencies from buying or using foreign spyware.

Why didn’t Congress Let the software do its job, and ban all warrantless domestic spying.

The These questions show that intelligence community members know too much about the subject Biden Too many members Congress For Congress to defy it. Thus, Schiff’s The proposal that became law was based on a pretended congressional fear that the IsraeliWhen used by the FBI or DEA, -manufactured spyware could be used by the FBI to spy on the citizens. Israeli Government on the American government.

How It’s quaint to see spies and allies spying each other! Taxpayers You will need to pay for this. The Constitution Another time, it was thrown away.

When Rep. Schiff’s civil liberties-defending colleague, Sen. Ron Wyden, D-Ore., asked DEA about this and it declined to give him a clear reply. Sen. Wyden Concerned about spying by the DEA on Americans Outside the U.S. Outside? Yes, outside. For For years, the governments of both the presidents of each party have maintained that the Fourth Amendment They claim that intelligence is what restrains law enforcement. Constitution Only the U.S. government can be restrained

This The discredit argument has been rejected Supreme Court Since the 1940s, and even more recently in 2008, the court ruled the government can go to any place it chooses to do its work. Constitution It goes with it. This It is not uncommon to hold. RatherIt is based upon 400 years of experience. British law prohibiting sheriffs and kings from removing defendants from places outside of their jurisdiction Britain For torture and interrogation only to be returned for trial.

Were this rule — wherever the government goes, so goes the Constitution — not so, then nothing would prevent the FBI and DEA from doing what British Officials tried to get away.

Now… back to the DEA. Joe Biden’s DEA, Donald Trump’s before it, takes the position that when it operates outside the U.S. — such as its drug war against Mexico Mexican civilians — it also operates outside the Constitution. In Lawyers for the DEA must work hard to prevent a judicial ban of its extra-constitutional lawlessness. American courtroom.

They Do this in two ways. FirstAs mentioned above, you can use quiet threats to coerce officials to stop these practices. And Second, to fool federal judges and defense attorneys by creating a fake version of the evidence acquisition. The Fiction often depicts a foreign intermediary who gives evidence to the feds, who then give it to other feds who don’t know its criminal origins.

Criminal? Yes, criminal. Hacking A computer without consent or a search warrant can be a crime, regardless of where it is committed and by whom.

Rep. Schiff Sen. Wyden They are well-intentioned. They Each has a track record of protecting civil liberties against government attacks. But The culture in Congress Today, there are no full-throated congressional defenses against privacy. It doesn’t matter which party is in charge.

We We have elected a government to protect our freedoms and our property. Today It does not. RatherIt attacks them.

What do we do about it?

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