David Cole, legal affairs correspondent for The Nation and a professor at Georgetown University Law Center, is the author, most recently, of Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law (April 2016).
It would constrain some of the worst excesses of the Patriot Act, but it doesn’t go nearly far enough.
In ruling that police may not search cellphones without a warrant, the Court brought the Fourth Amendment into the twenty-first century.
That was when the Bureau of Investigation—the forerunner of today’s FBI—first opened a file on the magazine.
The president has made a step toward better oversight, but his proposals leave the agency’s system of dragnet surveillance mostly intact.
Updating the Fourth Amendment has been done before, to address the invention of cars, phones and GPS. It’s time to do it again.
Americans are justifiably upset about the NSA’s sweeping domestic surveillance. But we should be just as concerned about spying on foreigners.
Affirmative action survives, for now, but the Court erects new hurdles for employment discrimination suits.