Isn't the NSA breaking US law by hacking into a commercial entity's network?
Each member can undertake surveillance of the domestic communications of the other members, thus absolving the own-state surveillance apparatus from claims of domestic spying. But the poisoned fruit may be (and appears to be) freely shared.
I would think if anyone could work their way through the "standing" restrictions, it could be shown in court that the NSA violated the Constitution by receiving "stolen" surveillance data.
The reason why we have the 4th Amendment is not because the act of spying is feared (as egregious as that is), it's because of what the government might do with the results. So receiving the data violates at least the spirit of the constitution, and I would think the letter also.
But an organize "we'll spy on yours if you spy on ours" arrangement, particularly with a "don't ask for it, we'll just give it to you" understanding. That's violating the intent of legal and constitutional protections every which way.
At the same time, if a talent scout in North Whateveristan gets handed a sheaf of goatskins exfiltrated from the local TCP-over-parchment connectivity provider, the legality of that data's acquisition shouldn't be a hinderence.
But if North Whateveristan happens to be a friend and we're concerned with that the goatskins reveal, then breaking that information to the government (or other friends in slow places) should be possible at some level.
If there's a resolution by law in this, it's likely going to have to require explicit controls over how and when data of a given nation's nationals or residents is provided to that nation. And bars on mass transfers.
Perhaps mandating them outside intelligence services through diplomatic channels?
At least that'll give Wikileaks a sporting chance.
That is exactly my point. And it's horrible, it's the government thuggishly wiping its ass with the Constitution. East Germany would have swooned in ecstasy at all the intelligence porn collected by the NSA.