The NSA is not a law-enforcement agency. Unless we find credible evidence otherwise, I'm going to continue operating under the assumption that there is no click-here-to-send-this-person-to-jail button at the NSA. To be handed a jail sentence as a result of NSA spying, the process looks more like this:
- NSA analyst stumbles across you, most likely in the course of pursuing a foreign intelligence target, but maybe as part of a vast domestic spying program as some believe (I haven't seen enough credible evidence to believe this)
- NSA analyst finds credible evidence within that collection to suggest that you were engaged in criminal activity
- NSA is able to convince the FBI (or other legitimate law enforcement agency) that you were engaged in criminal activty
- The FBI opens an investigation into you; if preliminary investigation yields suspicion, they request a warrant from a judge to gather more information
- If the FBI finds sufficient evidence of a crime, they obtain a warrant for your arrest and detain you for trial
- Evidence independently obtained by the FBI is presented to a jury of your peers. As of yet, there's no precedent for admitting evidence by the NSA. To the court it's the equivalent of an anonymous tip, and the NSA has a history of not wanting to reveal its sources and methods anyways.
- A jury of your peers decides whether or not you are guilty of a crime. A judge sentences you.
So yes, you can get sent to prison based on NSA spying. It's a long process with independent review by multiple parties. I'll be very concerned regarding this process if the first step is broken, which is what everyone is up in arms over. I don't see the evidence yet that this step is broken, or even applicable in most cases [1].
Why am I afraid of people getting my addresses, phone numbers, etc.? My wife testified to put a violent man in prison some years ago. As a result, I have more concern than most that there are people who would want to do my family harm. I don't like that $15 will tell you where my wife, kids and I sleep at night or give contact information to harass us. Old information would allow someone to take out a line of credit in my name, leaving me to sort out the financial mess. Other people I know in legal and law enforcement positions are accutely aware of the threat of being retaliated against outside the courts for perceived wrongs.
[1] I have to run to work, and I'd be insulting your argument if I just left it at that - I'll write up an explanation of my views on the Section 215 collect when I get home. I appreciate the discussion - thank you for actually giving thoughtful answer rather than just a snide remark dismissing me.
- NSA analyst finds credible evidence within that collection to suggest that you were engaged in criminal activity
- NSA is able to convince the FBI (or other legitimate law enforcement agency) that you were engaged in criminal activty
- The FBI opens an investigation into you; if preliminary investigation yields suspicion, they request a warrant from a judge to gather more information
- If the FBI finds sufficient evidence of a crime, they obtain a warrant for your arrest and detain you for trial
- Evidence independently obtained by the FBI is presented to a jury of your peers. As of yet, there's no precedent for admitting evidence by the NSA. To the court it's the equivalent of an anonymous tip, and the NSA has a history of not wanting to reveal its sources and methods anyways.
- A jury of your peers decides whether or not you are guilty of a crime. A judge sentences you.
So yes, you can get sent to prison based on NSA spying. It's a long process with independent review by multiple parties. I'll be very concerned regarding this process if the first step is broken, which is what everyone is up in arms over. I don't see the evidence yet that this step is broken, or even applicable in most cases [1].
Why am I afraid of people getting my addresses, phone numbers, etc.? My wife testified to put a violent man in prison some years ago. As a result, I have more concern than most that there are people who would want to do my family harm. I don't like that $15 will tell you where my wife, kids and I sleep at night or give contact information to harass us. Old information would allow someone to take out a line of credit in my name, leaving me to sort out the financial mess. Other people I know in legal and law enforcement positions are accutely aware of the threat of being retaliated against outside the courts for perceived wrongs.
[1] I have to run to work, and I'd be insulting your argument if I just left it at that - I'll write up an explanation of my views on the Section 215 collect when I get home. I appreciate the discussion - thank you for actually giving thoughtful answer rather than just a snide remark dismissing me.