USATODAY.com - Gathering data may not violate privacy rights, but it could be illega - by Joan Biskupicl

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Gathering data may not violate privacy rights, but it could be illegal - by Joan Biskupic

WASHINGTON — The U.S. government's secret collection of Americans' phone records may not breach the Fourth Amendment's privacy guarantee, legal analysts said Thursday, but it could violate federal surveillance and telecommunication laws. More broadly, USA TODAY's report about the National Security Agency's deal with three major phone companies fed a debate over whether the Bush administration is going too far — and setting dangerous precedents — in trying to protect the nation from terrorism.

"This may well be another example where the Bush administration, in secret, decided to bypass the courts and contravene federal law," said Georgetown University law professor David Cole. He cited revelations last year that President Bush authorized the NSA to eavesdrop — without warrants — on international calls and e-mails of those with suspected ties to terrorism when one party to the communication is in this country.