Is NSA Data Mining Unconstitutional? We Think So.
The one big thing that sets “OUR” United States apart from most other countries are “OUR” rights in what is commonly called “The Bill of Rights.” A cornerstone right found therein is in the Fourth and Ninth Amendment and is the “right of privacy.” “Our” Constitution established a “limited government” and reserved all other power to the “We the People” and to the States. That said, the right to privacy was a reserved right. It was supposed to be out of the reach of the federal government. That bureaucracy now says it needs to invade each our privacy rights without any reasonable belief we are engaged in wrongdoing. It says this is necessary to protect us from terrorists.
It is interesting to note that Benjamin Franklin and Thomas Jefferson (both drafters and signers of the Declaration of Independence; Jefferson was our third President) both said that any people who give up their rights for a little temporary security deserve neither.
We here at Trichter & LeGrand agree with our Founders. A right once wrongly lost to the government is usually lost forever. Moreover, there are other successful ways a limited government can act to suppress terrorists without attacking the rights of its own citizens.
This data mining effects all DWI defendants and their lawyers. It does so by the seizure and storage of all email between the attorney and the client. These communications have always been secret so as to not chill the free flow of information between the client and lawyer and vice versa. A client might not tell his lawyer information that could help prove innocence for fear of the government or some hacker leaking it in the future.