As someone once said, “the Founders did not fight a revolution to gain the right to government agency protocols.” Well it was not just someone, it was Chief Justice John Roberts. He flatly rejected the government’s claim that agency protocols could solve the Fourth Amendment violations created by police searches of our communications stored in the cloud and accessible through our phones.
Apparently, the Foreign Intelligence Surveillance Court (FISC) didn’t get the memo. That’s because, under a recently declassified decision from November 2020, the FISC again found that a series of overly complex but still ultimately swiss cheese agency protocols that are admittedly not even being followed resolve the Fourth Amendment problems caused by the massive governmental seizures and searches of our communications currently occurring under FISA Section 702. The annual review by the FISC is required by law it’s supposed to ensure that both the policies and the practices