Alternative Fact: Incidental Intercept

Alternative Fact: The Obama administration has “wiretapped” (now in quotes, which evidently means intercepted some type of communication using any number of means) Trump. Or his associates.

Real Fact: If an investigative agency has legitimate orders permitting them to intercept communications of a specific individual or location and they happen to pick you up because you are communicating with that individual or location, *you* are not being spied on.

The Russian Ambassador in DC was being spied on – but I’m sure Kislyak knew that a decade or so before when he took the role so this isn’t exactly earth shattering news as much as “standard operating procedure”. If it makes you feel better, I’m sure the Russians surveil Spaso House. And anyone who happens to ring that number gets their communication intercepted too. Hell, I would bet that Ambassadors.

If you really want to think about it, all sorts of people are probably picked up in incidental intercepts. Why is that? Start reading the actual laws that supposedly allow surveiling foreigners without impugning the rights of American citizens. And how poorly those protections actually protect our rights. Actually read the Foreign Intelligence Surveillance Act. Too long, at least read up on Section 702 surveillance. In a bit of extra irony, it was Nunes who was called out for misrepresenting the risk of ‘backdoor’ searches where American citizens have communications intercepted under these “save us all from the terrorists” laws. Before getting a warrant for *you* specifically (well, provided you’re doing something dodgy), I’m certain law enforcement queries their database of collected information to see if they’ve already got something on you. So basically Nunes is sure the existing laws protect us, ordinary citizens … but the exact same laws were horribly abused to spy on Trump. Basically it’s fine for everyone else, but this law shouldn’t apply to ME.


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