Will lawful use be determined in secret courts a la NSA and FISA?
Doubtful it will even get that far, the DoJ will simply draft an appropriate fig leaf memo with a predetermined conclusion and the government will simply plow on ahead.
https://en.wikipedia.org/wiki/Torture_Memos
Don't be silly.
"When the president does it, that means that it is not illegal." - Richard Nixon
Doubtful it will even get that far, the DoJ will simply draft an appropriate fig leaf memo with a predetermined conclusion and the government will simply plow on ahead.
https://en.wikipedia.org/wiki/Torture_Memos