> The ACLU considers the FISA Act to be unconstitutional for several reasons including: the law was designed to mainly address terrorism threats, but in fact intercepts communications that have nothing to do with terrorism or criminal activity of any kind; and that "the government can create huge databases that contain information about U.S. persons obtained without warrants and then search these databases at a later point."

As I understand, these databases are only created if the other party is foreign, is that not the case?

I asked in earnest but you made this about my intent instead of articulating your views. My conclusion so far is that the HN crowd is jumping on the bandwagon and can't take any critique of the popular sentiment.

I have much critique of the patriot act and other provisions but FISA itself has been around since 1978 apparently. I was merely trying to figure out what specifically were the opposing views because in general, foreign surveillance is not optional.