There's a difference between being illegal and there being a precedent of it being illegal.
The government does lots of things that are probably illegal but there's no precedent set. That gives them the opportunity to argue in court why the specific instance in question is different.
It should be, the US Constitution should apply to government actions ANYWHERE not just actions on US Soil, the US Constitution was never designed to be geographically limited, it was designed to limit what the government was allowed to do, period, in all cases in all lands, everywhere
Sadly the US Court Systems has stated it does not have the authority to apply the Constitution to the US Government when the US Government is acting outside US Soil, it is a ridiculous standard but....
>It should be, the US Constitution should apply to government actions ANYWHERE not just actions on US Soil, the US Constitution was never designed to be geographically limited, it was designed to limit what the government was allowed to do, period, in all cases in all lands, everywhere
No. There's no support for this view in constitutional law.
How so, the entire purpose of the Constitution is to be a limiting document on what the States and we the people have authorized the government to do on our behalf, not just do on our behalf with in the Geographical regions commonly known as the United States
If the IRS can collect taxes from expatriate US citizens living and working overseas, the federal courts can certainly prosecute US citizens for breaking other federal laws while abroad.
Otherwise, those people might as well wipe their backsides with their Form 2555s and mail them back without checks attached!
And that's before you even consider the willingness of US courts to prosecute foreign nationals for breaking US laws on foreign territory, where one or more US citizens may have been tangentially affected by it.
Law enforcement cannot be above the law. It destroys the principles that make laws worth having and enforcing.
Congress is capable of enacting laws with extraterritorial reach. I am unaware of any law that should be interpreted to criminalize the NSA's international spying.
then there Article 2 Section 8 which does not grate the authority to create and agency such as the NSA or preform international Spying thus since the constitution does not expressly grant such authority the Federal Government is barred from such activity
Strictly staying within US law is not the only thing that the US intelligence apparatus tries to do. There are also agreements not to monitor the citizens of "Five-Eyes" citizens in those countries without due process; even if not illegal, it would violate the intelligence-sharing agreements we have with those nations and would be highly improper due to the damage to national security that risking those intelligence-sharing agreements would entail.
That being said, this story is incredibly thin.
>It aimed to explain why Dotcom and others charged in the FBI's Megaupload investigation were spied on for two months longer than previously admitted.
There's no reason this would even be improper, if the FBI had gone through due process in the US, which it appears they had. This story appears to be entirely Kim Dotcom's lawyer trying to politicize his case in order to fight a lawful extradition.
If it's done by a member of the United States military, there's the Uniform Code of Military Justice. I'm not sure if it applies to the NSA or CIA, though.
Even then it doesn't really matter. I'm pretty sure it's now fact that the US broke the United Nations Convention against Torture during the war on terror. I seem to remember the USG even admitting this. Nothing was done. For now the US is powerful enough that it will do what it wants.
