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Jónsdóttir is one of the site's contributors whose communications are being investigated by US authorities.
The identities of American officials whose communications are intercepted are usually closely protected by law, and not included even in classified intelligence reports.
"At the same time, it reduces the privacy burden affecting the large number of innocent and suspicion-free persons whose communications are accessible to our systems".
They have, as I have written previously for this site, been gradually cracking down on their citizens' Internet freedom — using sophisticated technology to block access to certain content, and even arresting or physically harming people whose communications are deemed inappropriate.
The only way for the NSA to remain relevant in this environment is to target the individuals and organizations whose communications are most valuable--and targeting now is more complicated than programming a target's telephone number into a computer.
Furthermore, it does not provide for any exception, with the result that it applies even to persons whose communications are subject, according to rules of national law, to the obligation of professional secrecy.
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As recent proposed settlements involving technology companies demonstrate, third parties who did not give consent, but whose communications were scanned simply because they communicated with users who did are all too willing to sue using "all-consent" wiretapping laws.
Moreover, Congress clearly understood that even when the government is targeting foreign persons for collection, communications of US persons may be acquired if those persons are in communication with the foreign targets, for example as was testified to in today's hearing when Najibullah Zazi communicated with a foreign terrorist whose communications were being targeted under Section 702.
"And it has an obligation to notify the criminal defendants whose communications were monitored under the statute that their communications were monitored".
The critical question with respect to implied consent is whether the parties whose communications were intercepted had adequate notice of the interception.
He didn't address the hundreds of people whose communications were intercepted by private investigator Glenn Mulcaire on the commission of News of the World journalists.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com