The U.S. Court of Appeals for the Second Circuit ruled that the case of Agron Hasbajrami should be returned to the district court level for further proceedings. Hasbajrami alleged that the incidental collection of his communications under Section 702 of the FISA Amendments Act that led to his arrest violated his Fourth Amendment rights. The ruling said that the government’s warrantless collection of materials under Section 702 is lawful but that querying the information for communications of Americans raises separate constitutional questions. The document is available here and below.
US vs Hasbajrami 2nd Circuit Opinion (PDF)
US vs Hasbajrami 2nd Circuit Opinion (Text)
Author: Gordon Ahl
This post first appeared in Lawfare. Read the original article.