Warrant not always needed for 'inadvertent' NSA surveillance of Americans: U.S. court

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Warrant not always needed for 'inadvertent' NSA surveillance of Americans: U.S. court
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The U.S. government may collect information about U.S. citizens without obtainin...

- The U.S. government may collect information about U.S. citizens without obtaining a warrant if the information is gathered inadvertently while legally carrying out surveillance of non-nationals abroad, a U.S. appeals court ruled on Wednesday.

The 2nd U.S. Circuit Court of Appeals in New York ruled in an appeal by Agron Hasbajrami, a U.S. resident arrested in 2011 and who later pleaded guilty to a charge of attempting to provide material support to a terrorist organization. The “incidental collection” of Americans’ communications by NSA electronic dragnet that explicitly targets people abroad and without U.S. ties was permissible under the U.S. Constitution, the court ruled. It also said, however, that examining the content of databases of stored NSA information could violate the Constitution’s Fourth Amendment protections against unreasonable searches and seizures.

The NSA surveillance program is sometimes called PRISM, which gathers data from tech and telecom companies under court supervision and under the authority of section 702 of the Foreign Intelligence Surveillance Act but without individual warrants.

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