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Discussion (10 Comments)Read Original on HackerNews
This allows them to download the entire contents of your gmail instantly, directly from Google, without a warrant. Or your iCloud Photos and Backups (complete iMessage history) directly from Apple. No warrant required.
Does it though? I believe they did that with PRISM by eavesdropping on the unencrypted data transfers within Google's network itself - without their knowledge. Since that revelation came to light I presume Google have upgraded their security.
First, FISA was created in 1978 to protect Americans from the CIA by forcing them to show probably casuse. Section 702 of FISA is about intercepting any foreigners communications for which they need no warrent.
But the CIA incidentally collects data of U.S citizens during these warrentless wire taps, and that would be the 4th amendment challenge, but so far that is going nowhere.