To Spy or NOT TO SPY – Take Action NOW!

By: Steve Huston

Our constitutionally protected rights ought never to be suspended for any reason whatsoever. When they are, there is no guarantee that they’ll be reinstated unamended, if at all. Fear of terrorists, disease, or any other thing must take a back seat to freedom and self-governance.

It’s vital that you contact your U.S. representative and your two senators immediately! Urge them to do two things: 1. To oppose any FISA reauthorization (which has been used for your government to unconstitutionally spy on you) and 2. To support legislation similar to Sen. Rand Paul’s (R-KY) S. 3372 FARPA bill that would protect Americans’ Fourth Amendment-protected rights (which would be a measure used to keep your government from spying on you). More on both of these below.

Though the Foreign Intelligence Surveillance Act (FISA) was originally a means to help protect our nation from terrorist attacks, there’s no denying that it has become a tool for our governmental agencies, despite the many good men and women who work within those agencies, to spy on “We the People” – the citizens of the United States of America.

The FBI and the NSA are among those agencies that are spying on American citizens in direct violation of the Fourth Amendment, under cover of FISA section 702.

The New American reported last May that:

“FISA allows for secret surveillance and wiretapping of American citizens without the requirement of probable cause. The Fourth Amendment, however, demands that searches and seizures must be conducted upon obtaining a warrant based on probable cause, supported by oath or affirmation.

“Additionally, FISA has been criticized for enabling warrantless surveillance, especially through Section 702, which grants the government broad authority to monitor communications of non-U.S. persons located abroad. While the purported goal is to gather foreign intelligence, this provision has been exploited to collect vast amounts of data on American citizens whose communications have been caught in the surveillance net. Such indiscriminate collection of data without individualized suspicion violates the Fourth Amendment.”

For example, in 2021 alone, the FBI ran about 3 million “U.S. person queries” using Section 702. Tellingly, FBI Director Christopher Wray is vocally opposing any requirements to obtain a warrant.

The Hill, last week, gave an expected timeline for voting on FISA reauthorization in the House. “Section 702 is set to expire in April, and considering a reauthorization bill in February would bring it to the floor ahead of a two-week recess…” We urge you to contact your U.S. representative and two senators, urging them to OPPOSE ANY reauthorization of FISA. 

On the other hand, legislation restoring Americans’ Fourth Amendment-protected rights has been introduced in Congress. Sen. Rand Paul (R-KY) has sponsored S. 3372, a bill titled the “Fourth Amendment Restoration and Protection Act” (FARPA). If S. 3372 were to be put in place, “it would prohibit the federal government from conducting surveillance of American citizens, including under the Foreign Intelligence Surveillance Act (FISA).”

“No secret, unaccountable court should be allowed to authorize spying on American citizens. My Fourth Amendment Restoration and Protection Act would exempt Americans from the FISA process and ensure both constitutional rights and national security are protected.” ~ Sen. Rand Paul

According to Sen. Paul’s office:

Specifically, the Fourth Amendment Restoration and Protection Act would: 

* Preserve the ability of the Foreign Intelligence Surveillance Court to order surveillance of foreigners and terrorists; 

* Require the government to obtain an order from traditional Article III federal courts to surveil U.S. persons by prohibiting the government from requesting an order from the FISC for surveillance, searches, and seizures relating to U.S. persons; 

* Prohibit the government from conducting information queries of a U.S. person pursuant to section 702 of FISA or Executive Order 12333; 

* Prohibit the government from introducing in evidence any information concerning a United States person acquired or derived from an acquisition under FISA or Executive Order 12333 but preserve the right of the defense to introduce such information as exculpatory evidence; and 

* Ensure that the executive branch cannot violate constitutional rights through executive orders by mandating that statutory authorities and the Federal Rules of Criminal Procedure are the exclusive means by which searches or acquisitions shall take place if the target is a U.S. person.

 You can read the Fourth Amendment Restoration and Protection Act HERE.(End of quoting Sen. Paul’s page)

Contact your U.S. representative and two senators! Urge them to support legislation similar to Sen. Rand Paul’s (R-KY) S. 3372 FARPA bill that would protect Americans’ Fourth Amendment-protected rights.

 

 

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