The FBI should be forbidden to use information obtained through the FISA process to make criminal cases, and evidence that can be traced causally to FISA information should also be excluded as fruit of a poisoned tree.
What we should do is fix the incentives. If we want to restrict the targeting of mass surveillance to foreign entities, we should (and could) turn information on citizens gained from FISA into legal hazmat; any evidence a defense team could generate that an FBI investigator got their fingers into FISA data to help a case would/could/should create a huge hassle for the AUSA in court.
If there's some other use we're worried about the USG putting NSA surveillance to, we should identify that specific use, identify the incentives behind that use, and fix the incentives.
> The FBI should be forbidden to use information obtained through the FISA process to make criminal cases, and evidence that can be traced causally to FISA information should also be excluded as fruit of a poisoned tree.
That would be an airtight plan if both cops and the intelligence community weren't fundamentally professional, state-sponsored career liars.
As long as it's secret, they can just deny using it, make something else up, and seek a normal warrant like nothing happened (with PC they never would have had without illegal surveillance).
For example, do you really think an organization like the Black Panthers could come to exist in this sort of environment? How about SDS? How about Occupy?
More importantly for rich white men such as us: how about a third party?
