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I think this whole argument is a lot like the one on torture:
Emergency NSA wiretapping of people with terrorist connections in circumstance where specific identification is not possible and/or timely approval is not possible? Acceptable.
Easing general wiretapping rules so that law enforcement can monitor people without a warrant. No way!
Torture in special cases, by CIA or other specialists, of high value terrorism suspects upon specific clearance from a senior official in full knowledge that it's illegal? That is, the ticking time bomb scenario. Acceptable.
Legalizing certain types of torture such that low brain function army privates decide to "have a go" at it with random prisoners. No way!
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