Everyone knows, or should know that when you use the internet, especially for email etc. that it is available to almost anyone in the world.
But to have the government spy and record everything that goes on is clearly against the fourth amendment. The ACLU is finally getting around to challenge the constitutionality of the Patriot Act. What took so long for them and others?

Article 4: People have the right to be free, in their persons, houses, papers, and effects, from unreasonable searches and seizures, and no warrants may issue without probable cause, supported by oath or affirmation, and specifically describing the place to be searched and the persons or things to be seized.
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