“The bulk collection of data about Americans truly invades their privacy, but worse, says to them, ‘Your government wants to make sure that you are not in that class of people suspected of doing harm,’” Holt said. “‘Maybe we’ll get back to you when we’re sure.’”
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Congress passed the USA Patriot Act of 2001, which included a variety of provisions intended to make it easier to search for terrorists, Holt said. It also allowed the FBI to seize information and authorize an investigation “without first demonstrating specific, articulate facts” and without a judicial warrant, he said. “Too often the discussion of the Fourth Amendment refers to protection of privacy. Such a discussion misses the larger significance of protection against unreasonable search and seizure,” Holt said. “No person in America should be placed under suspicion without probable cause. To do so destroys the foundation presumption of equality.”
Over the past decade, thousands of national security letters have been issued by the FBI seeking information from citizens to conduct a national security investigation, Holt said. They often contain language that prohibits individuals from telling anyone the NSL has been served, he said.
“The standards for issue are not high, certainly far from a probable cause stand,” Holt said of the letters.
“No person is to be relegated to the category of suspect. No group is subjugated to another,” Holt said. “At least that is how it is supposed to be.”
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