Former New Jersey Superior Court Judge Andrew Napolitano has issued a stark warning over legislation being considered by Congress that would allow the FBI free access to the web browsing history of all Americans without a warrant.

Appearing on Fox News with Shepard Smith, Napolitano described the move as part of a “decades-old assault” on the Fourth Amendment.

The legislation Napolitano refers to, a part of the Electronic Communications Privacy Act (ECPA), would see Internet service providers forced to keep quiet over whether they have been asked to provide details of customers’ Internet activity to the authorities.

Any provider that fails to comply with the feds would face criminal felony charges, should the bill be passed.

Napolitano pointed out that this constitutes a violation of both the Fourth and First Amendments.

“The whole purpose of the fourth amendment was to prevent this sort of fishing net operation where they just throw a net out there and see what comes in,” said Napolitano.

“It was to force the government to focus on bad people, on people as to whom there is a suspicion. That is why the fourth amendment requires probable cause.”

When Smith suggested that the bill couldn’t possibly pass because it is blatantly unconstitutional, Napolitano replied “This law will pass because Congress doesn’t give a damn about what is Constitutional.”

“Guess what. The Constitution is intentionally a pain in the neck so that law enforcement will not run roughshod over our civil liberties.” Napolitano also stated, referring to the fact that the FBI director James Comey has consistently complained that investigations are hindered by Constitutional protections.

Amending the existing surveillance laws has become a top priority for the FBI, Comey told a Senate Intelligence Committee in February.

The feds have been attempting to jam amendments covertly into existing legislation which would expand the reach of the FBI’s controversial national security letters.

“The American people should wake up. This is a major step toward a police state.” the judge urged.

“It gets worse — it never gets better, no matter who’s in the White House, no matter which party controls the Congress,” Napolitano commented. “[I]t’s always done in the name of keeping us safe. Who, or what, will keep our liberties safe?”


Steve Watson is the London based writer and editor for Alex Jones’, and

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