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The balance in many countries has tipped too far in favor of the state and away from the rights of the individual — rights that are enshrined in our Constitution. This undermines the freedoms we all cherish. It’s time for a change.

rights that are enshrined in our Constitution(米国憲法で保障された権利)とありますが、どの条項を指しているのでしょうか。サイトを見ても具体的なことはありません。Free expressionとあるので表現の自由を定めたFirst Amendmentであること予想できますが。。。

Consistent with established global norms of free expression and privacy and with the goals of ensuring that government law enforcement and intelligence efforts are rule-bound, narrowly tailored, transparent, and subject to oversight, we hereby call on governments to endorse the following principles and enact reforms that would put these principles into action.


Judge: NSA phone surveillance is legal and a 'vital tool'
The government gets a victory in a case brought by the ACLU, which charged that the spy agency was violating Americans' First and Fourth Amendment rights.
by Jennifer Van Grove
December 27, 2013 9:29 AM PST
A US district judge on Friday dismissed the American Civil Liberties Union's lawsuit against the government's top spy agency, ruling that bulk collection of telephony metadata by the NSA is lawful.

In June, the ACLU filed suit to challenge the constitutionality of the National Security Agency's mass collection of phone records, arguing that the practice violates Americans' First and Fourth Amendment rights. The ACLU sought a preliminary injunction to stop the government's phone-surveillance program and to have all of the collected data deleted.

2013年 12月 28日 14:53 JST



Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

本条は直接には捜索・押収(Search and Seizure)についての規定であるが、ここにいう押収には、「人の押収」すなわち逮捕(Arrest)が含まれるとするのが米国における判例・通説である。

オックスフォードの学習辞典では、修正条項では第一条以外には第二条(武器の携帯)や第五条(デュープロセス)が載っていましたが、第四条はありませんでした。Bill of Rights(権利章典)の中ではマイナーなのでしょうか。

the First Amendment
the statement in the US Constitution that protects freedom of speech and religion and the right to meet in peaceful groups

the Second Amendment
an amendment (= change) to the American Constitution, part of the Bill of Rights, passed in 1791. The Second Amendment gives people the right to bear arms (= to own and carry weapons). This has become an issue because of a number of recent tragic events when one armed person has shot a number of people. There is now much disagreement over what this Amendment actually means. Some people believe it only applies to the military and others that it applies to all citizens. It states: ‘A well regulated Militia, being necessary to the security of a free State, the right of people to keep and bear Arms, shall not be infringed’

the Fifth Amendment
one of the amendments to the American Constitution which is part of the Bill of Rights. It states that people need not say anything against themselves in a court of law. However, when people ‘take the Fifth’ or ‘plead the Fifth’ in court, some people believe it is because they are guilty. The Fifth Amendment also protects individuals from double jeopardy and requires due process of law and fair payments in cases of eminent domain.


We urge the US to take the lead and make reforms that ensure that government surveillance efforts are clearly restricted by law


アメリカ合衆国憲法を英文で読む―国民の権利はどう守られてきたか (中公新書)アメリカ合衆国憲法を英文で読む―国民の権利はどう守られてきたか (中公新書)
飛田 茂雄



憲法で読むアメリカ史(全) (学芸文庫)憲法で読むアメリカ史(全) (学芸文庫)
阿川 尚之