Bowling Green Today

U.S. Senator Rand Paul (R-KY) has introduced the Fourth Amendment Restoration and Protection Act, a bill aimed at safeguarding Americans' Fourth Amendment rights and preventing government surveillance. The legislation seeks to address the issues surrounding the Foreign Intelligence Surveillance Act (FISA) and Executive Order 12333, which have been criticized for potential abuses and violations of citizens' privacy.

Dr. Paul's bill aims to ensure that Americans cannot be subjected to government surveillance through the secretive Foreign Intelligence Surveillance Court (FISC) or Executive Order 12333. While national security necessitates intelligence gathering on foreign threats, using these authorities for warrantless spying on Americans is seen as a violation of their constitutional rights.

Speaking about the legislation, Dr. Paul emphasized the importance of protecting both constitutional rights and national security. He stated, "No secret, unaccountable court should be allowed to authorize spying on American citizens. My Fourth Amendment Restoration and Protection Act would exempt Americans from the FISA process and ensure both constitutional rights and national security are protected."

The proposed Fourth Amendment Restoration and Protection Act includes several key provisions:

- Preserving the ability of the Foreign Intelligence Surveillance Court to order surveillance of foreigners and terrorists.

- Requiring the government to obtain orders from traditional Article III federal courts for surveillance of U.S. persons, thereby prohibiting requests for surveillance orders from the FISC.

- Prohibiting the government from conducting information queries of U.S. persons under section 702 of FISA or Executive Order 12333.

- Prohibiting the government from introducing in evidence any information concerning a U.S. person acquired or derived from an acquisition under FISA or Executive Order 12333, while preserving the right of the defense to introduce such information as exculpatory evidence.

- Ensuring that the executive branch cannot violate constitutional rights through executive orders by mandating that searches or acquisitions targeting U.S. persons must adhere to statutory authorities and the Federal Rules of Criminal Procedure.

Dr. Paul's legislation seeks to address the concerns raised by the Church and Pike Committees, which uncovered surveillance abuses and led to the enactment of FISA. However, recent events have shown that FISA has failed to prevent abuses that violate constitutionally protected rights. The secretive and one-sided process of FISA invites abuse, as defendants are denied the ability to effectively challenge the validity of surveillance warrants.

The Fourth Amendment Restoration and Protection Act aims to rectify this flawed process and provide a necessary remedy. By exempting Americans from the FISA process and strengthening the role of traditional Article III federal courts, the legislation seeks to strike a balance between protecting constitutional rights and ensuring national security.

To read the full text of the Fourth Amendment Restoration and Protection Act, please visit Senator Rand Paul's official website.

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To find out more, go to this link: https://www.paul.senate.gov/dr-rand-paul-introduces-legislation-to-restore-and-protect-americans-fourth-amendment-rights/