What if the United States government is authorized to review electronic data that leaves the country. Does that mean that there is any reasonable expectation of privacy, or any Fourth Amendment protection, over that data? That is a huge issue, as you can imagine, and a suit now seeks this:
declaratory judgment and equitable relief in order to gain certainty about whether the electronic transmission of data from the United States to Acumen India waives Fourth Amendment protection with respect to the data that is electronically transmitted. It seeks this declaration knowing that foreign nationals who reside overseas lack Fourth Amendment protections. It seeks this declaration having been informed, through published materials, that the United States Government engages in pervasive surveillance of electronically transmitted data wherein one party to the transmission is a foreign national residing overseas.
The amended complaint in Newman McIntosh & Hennessey, LLP v. Bush, here, alleges that President Bush has the “view” that it’s not illegal to monitor this data. Amazing world we live in.