On the recordMay 31, 2015
My concern is that under the new program, the records will still be sucked up into NSA computers, but the computers will be at the phone company, not in Utah. So the question is, Will it be a distinction without a difference? The question also will be, Will this be individualized? One of the issues about the Fourth Amendment that was the biggest part of the Fourth Amendment for our Founding Fathers was that a warrant should be individualized. General warrants were what we fought the Revolution over. James Otis fought a famous case in the 1760s, and he fought against the British soldiers writing their own warrants. What is interesting is that part of the PATRIOT Act allows our police to write their own warrants. We have something called national security letters. These have been done by the hundreds of thousands. Interestingly, when the President was in the Senate, he was opposed to national security letters and said that they should have judicial warrants. Now, it is interesting that in this bill that will pass, it is supported by the President, supported by the Director of National Intelligence, and now supported in a wide bipartisan fashion. It concerns me whether or not---- The PRESIDING OFFICER. The Senate will be in order. Will the Senator please suspend. The Senate will be in order. Please take your conversations out of the well, out of the Chamber. The Senator deserves to be heard.
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