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It is important here to recall that there is actually an amendment to FISA that is at least arguably justifiable. Even the original FISA law never required warrants in order to eavesdrop on (a) foreign-to-foreign calls or (b) calls involving a U.S. citizen where the target was a non-citizen outside the U.S. (who just happened to call into the U.S.). But recently, technological developments resulted in such calls, even foreign-foreign calls, being routed through the U.S. via fiber optics, and a FISA court ruled this year that the language of FISA requires warrants for such calls.
It is true that under 50 USC ยง 1801(f)(1), no warrants were required for snooping on calls as long as the "target" is not a "U.S. person". The parallel provision 50 USC 1801(f)(2) requires a warrant for calls to or from the U.S. if the intercept is physically done domestically.
I thought at one time that the easy "fix" is to remove the geographical intercept locus provision, so that you can't be snooped w/o warrant (on you) unless you're the "target" (and a "U.S. person"). But thinking about it, I realise that there is no real impediment to intelligence procedures as is. Under Title III, there is no need for a warrant on you to tap your calls ... provided that the "target" is not you and that they have a warrant for the "target"! I think the same should apply to any snooping of the calls of people in the U.S.: Fine to snoop on call to you w/o a warrant on you ... as long as someone's shown to the judge that the "target" is someone for whom there is "probable cause" to snoop. Som even though the old FISA places such calls to or from persons in the United States under its aegis, NP! Just get the warrant (or FISA court order) for your foreign "target" and they can snoop all the calls, whether to the U.S. or not. To simply remove the 50 USC 1801(f)(2) clause would allow essentially unlimited snoops on any international calls of people within the United States under any circumstances, because all "targets" outside the U.S. are permissible subjects for wiretaps w/o even a minimal amount of "cause" shown.
Cheers,
