The Obama administration has conducted warrantless 
searches of Americans’ communications as part of the National Security 
Agency’s surveillance operations that target foreigners located outside 
of the U.S., the administration’s top intelligence official confirmed in
 a letter to Congress disclosed on Tuesday. 
These 
searches were authorised by a secret surveillance court in 2011, but it 
was unclear until Tuesday whether any such searches on Americans had 
been conducted. 
The recent acknowledgement of 
warrantless searches on Americans offers more insight into U.S. 
government surveillance operations put in place after the terror attacks
 of Sept. 11, 2001. The government has broadly interpreted these laws to
 allow for the collection of communications of innocent Americans, 
practices the Obama administration maintains are legal. But US President
 Barack Obama has promised to review some of these programmes to 
determine whether the government should be conducting this type of 
surveillance at all. 
“Senior officials have 
sometimes suggested that government agencies do not deliberately read 
Americans’ emails, monitor their online activity or listen to their 
phone calls without a warrant,” Democratic Senators Ron Wyden and Mark 
Udall said in a joint statement. “However, the facts show that those 
suggestions were misleading, and that intelligence agencies have indeed 
conducted warrantless searches for Americans’ communications.” 
Sen.
 Wyden has pressed the administration on whether these searches on 
Americans have occurred. In a March 28 letter to Sen. Wyden, James 
Clapper, the government’s top intelligence official, said the NSA has 
searched for Americans’ communications within information it collected 
when it targeted foreigners located outside the U.S. In his letter, Mr. 
Clapper also pointed to a declassified document released last August 
that also acknowledged the use of such searches and stated that these 
searches were reviewed, and there was no finding of wrongdoing. It was 
unclear how often these searches are conducted. 
Documents
 disclosed last year by former NSA systems analyst Edward Snowden showed
 that the government collects mass amounts of data from major Internet 
companies such as Google, Apple, Microsoft and Facebook through one of 
its programmes designed to target communications of foreigners located 
outside the U.S. The government is not allowed to use this authority to 
collect Americans’ communications, but conversations of innocent 
Americans are collected inadvertently. When this happens, the NSA is 
required to take certain measures to hide the communications of 
Americans that have nothing to do with foreign intelligence. 
In
 2011, the government sought and received approval from the Foreign 
Intelligence Surveillance Court to search for Americans within the 
communications it already possessed through its collection of 
conversations of foreigners outside the U.S. Such searches would only be
 permissible if there were a foreign intelligence purpose. 
Former
 NSA deputy director Chris Inglis said this authority might be used to 
search for the target of a terrorist attack. As an example, Inglis said 
if the government was concerned that terrorists were plotting to attack 
the New York Stock Exchange, the NSA could search for the term “New York
 Stock Exchange” among the conversations it collected in its targeting 
of foreigners overseas. 
Se. Wyden, Sen. Udall and 
other civil liberties advocates call this type of search a back-door 
loophole in the law that governs surveillance of Americans. 
“If
 a government agency thinks that a particular American is engaged in 
terrorism or espionage, the Fourth Amendment requires that the 
government secure a warrant or emergency authorization before monitoring
 his or her communications,” Sen. Wyden and Sen. Udall said. 
The Obama administration contends the searches are legal because they are searching information they lawfully obtained. 
 
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