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One thing to note when talking about "foreigners" is that many rights in the constitution specify "persons". So citizens and non-citizens theoretically have equal rights from that standpoint. So I agree in general but it's worth noting that he was supposed to have constitutional rights to speech and against unreasonable searches.
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Yes, sorry, by foreigner I mean non-citizen.

Others do have constitutional rights, but the legislative and executive hold plenary powers in the realm of national security and immigration.

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I think the issue is deeper than that. In the US, data about you belongs to the company that owns the hardware that the data is stored on. In the EU, data about you belongs to you.
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My point is aside from policy, knowing what you give up to use that free software is a huge part of the equation.
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