Perhaps one of the biggest mistakes we have made in this country, ever, was empowering the federal government in the panic post September 11th 2001. In the fear many just gave away their liberty. We got the Patriot Act and unleashed the intel agencies in this country. Which may have contributed to the debacle that occurred under Obama post Trump’s election. (And before.)
The 4th Amendment to the Constitution is quite clear and it reads;
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated…”
It is hard to see how the NSA collecting everyone’s data all the time is in keeping with the 4th Amendment. Of course for some anything the government wants to do is “reasonable.” And that is a huge problem.
Kavanaugh expressed that view in the course of a 2015 statement concurringin the denial of rehearing en banc in Klayman v. Obama, which was then before the U.S. Court of Appeals for the District of Columbia Circuit. The case centered on the constitutionality of the National Security Agency’s controversial information-gathering program, which involved the NSA collecting the telephony metadata of all Americans. “In my view,” Kavanaugh wrote, “the Government’s metadata collection program is entirely consistent with the Fourth Amendment.”
Kavanugh offered two principal explanations for why he considered the program to be constitutional. First, he invoked what’s known as the “third-party doctrine,” which says that if you voluntarily share private information with a third party, you no longer have a reasonable expectation of privacy in that information. “The Government’s collection of telephony metadata from a third party such as a telecommunications service provider is not considered a search under the Fourth Amendment,” Kavanaugh wrote.