Resolution resolved: The United States federal government should substantially curtail its domestic surveillance. Violations

Statutes define domestic as wholly in the US

Mayer 14 Jonathan Mayer PhD candidate in computer science & law lecturer at Stanford. December 3, 2014 Web Policy Executive Order 12333 on American Soil, and Other Tales from the FISA Frontier

http://webpolicy.org/2014/12/03/eo-12333-on-american-soil/

Once again unpacking the legalese, these parallel provisions establish exclusivity for 1) “electronic surveillance” and 2) interception of “domestic” communications. As I explained above, intercepting a two-end foreign wireline communication doesn’t constitute “electronic surveillance.” As for what counts as a “domestic” communication, the statutes seem to mean a communication wholly within the United States.7 A two-end foreign communication would plainly flunk that definition.

So, there’s the three-step maneuver. If the NSA intercepts foreign-to-foreign voice or Internet traffic, as it transits the United States, that isn’t covered by either FISA or the Wiretap Act. All that’s left is Executive Order 12333.