There is no need for a secret court for either foreign nationals or U.S citizens. The former do not have constitutional protection, and the latter should not lose it under arbitrary determinations of U.S govt officials.
That’s the entire predicate that underpins the 4th amendment.
All of that said…. I’ll tell you why this issue is so important, and it has to do with the future, not the past.
The justification for the FISA-702 warrantless searching of American metadata, is a cornerstone for the enlargement of a surveillance state. The flawed precept behind 702 specifically, is the gateway needed to expand the system.
Real ID, Digital ID, AI used in facial recognition systems, and the larger issue of track and trace capability of U.S. citizen data (connecting your physical identity to a digital fingerprint), requires some legal justification to create a surveillance network DESPITE the 4th amendment.
FISA-702 is the proverbial camel’s nose under the tent of privacy.
IF we were to abolish FISA-702, which we should, then what legal justification would exist to continue unsecuring the American people from “their private papers and effects.”
The build out of the surveillance state becomes more legally tenuous, perhaps impossible, if privacy protections of the 4th amendment are firm.
Finding a way to surveil Americans, while working around the constitutional protection in place to stop it, is why the FISA-702 issue has become more important for those who are building the surveillance system under the guise of national security.
Challenge the legal justification for FISA-702, and you throw a massive wrench in the machinery of a growing surveillance state.
