Searching the Communications of Americans Should Require a Warrant

[Commentary] Congress is considering sensible reforms to ensure that Fourth Amendment warrant requirements apply to incidental and “about” collection. We believe that Section 702 authorities are important to our national security. But the unanimous opinion of the Review Group stands since 2013: Judges should approve Fourth Amendment search warrants before searching the communications of Americans.

[Peter Swire is the Elizabeth and Tommy Holder Chair of Law and Ethics at the Georgia Tech Scheller College of Business, and served as one of five members of President Obama's Review Group on Intelligence and Communication Technology. Dick Clarke is CEO of Good Harbor]