FLASH
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Andrew Napolitano accuses the NSA, FBI, and Department of Homeland Security of mass surveillance that, according to him, directly violates the US Constitution.
Once an America of inviolable rights and the principle of “reasonable suspicion” as a shield against abuse of power, the United States has become, according to former U.S. judge Andrew Napolitano, a “nation of suspects,” where every citizen can be the subject of surveillance and where the state monitors without warrant, without charge, and without clear boundaries.
In a scathing analysis, the renowned jurist criticizes the surveillance practices of the National Security Agency (NSA), the Department of Homeland Security (DHS), and the Federal Bureau of Investigation (FBI), arguing that they systematically violate the Fourth Amendment to the US Constitution, which protects citizens from arbitrary searches and seizures.
According to Napolitano, little has changed since the revelations of Edward Snowden and the reporting of journalist Glenn Greenwald, which shocked public opinion years ago. Mass surveillance, he says, continues to be part of the functioning of the state apparatus.
The former judge claims that the NSA, which is formally under the Pentagon, employs about 60,000 employees in surveillance operations within the United States. According to him, the Foreign Intelligence Surveillance Court (FISA) authorization system has become a formality, as warrants are issued not on the basis of suspicion of a criminal offense, but on the possibility that a person has communicated with foreign nationals.
Napolitano argues that this practice allows the interception of the communications of hundreds of millions of Americans and constitutes an circumvention of constitutional guarantees.
The Department of Homeland Security is also at the center of his criticism. According to him, the agency has technology that can identify fingerprints from several meters away and read individuals' biometric data at close distances.
He claims that if a person is in federal databases, authorities can have immediate access to banking, health, legal and business information.
Another concern is related to the use of a device known as "Stingray", which simulates cellular antenna signals and enables identification of the location of mobile phone users.
According to Napolitano, this practice also constitutes a form of seizure of personal data and is contrary to the protection guaranteed by the Constitution.
The former judge also accuses the FBI of using advanced hacking programs, known as "zero-click," which can penetrate electronic devices without user interaction and, according to him, without judicial authorization.
"Cyberattacks are criminal offenses," he argues, adding that such practices are being used by federal agencies as routine procedure.
Napolitano believes that the expansion of the powers of the security apparatus has been made possible by cultivating fear. He cites fear of foreigners, wars, crime, drugs and terrorism as factors that have led citizens to accept the restriction of freedoms in exchange for promises of greater security.
According to him, lost freedom is rarely regained and cannot be sacrificed in the name of collective security.
In conclusion, the lawyer argues that current surveillance practices resemble the so-called "general warrants" that British authorities used during the colonial period, allowing searches and seizures without concrete evidence.
Two and a half centuries after the United States Declaration of Independence, Napolitano warns that the country's founders would hardly have recognized today's America, where, according to him, every citizen is treated as a potential suspect. / Adapted from "Inside Over"
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