This is what I call ‘lawyers running amok’. To force intelligence agencies to screen and then apply for specific communications to be targeted for surveillance will …. in my opinion …. create a bureaucratic empire that would make such surveillance impossible to conduct in a timely manner. On top of that …. foreign groups can easily change their means of communication to use other sources and outlets …. hence repeating the same screening process and time consuming exercise (again) for the intelligence community.
There’s a difference between curbing the police powers of the state and unduly shackling the military and intelligence agencies conducting operations of war, and counter terrorism.
Do we not remember Gorelick’s infamous “Wall of Separation?”