Actually they fall under Constitutional protections while on U.S. soil, at least. At least as far as I understand the background of the NSA stuff in this scenario.
In fact that's one of the reasons the 'enemy combatant' prisons were at Gitmo in the first place, is that the Naval base is technically leased from Cuba and not actually U.S. soil, which meant (according to the legal theory) that some Constitutional protections didn't apply.
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Actually they fall under Constitutional protections while on U.S. soil, at least. At least as far as I understand the background of the NSA stuff in this scenario.
In fact that's one of the reasons the 'enemy combatant' prisons were at Gitmo in the first place, is that the Naval base is technically leased from Cuba and not actually U.S. soil, which meant (according to the legal theory) that some Constitutional protections didn't apply.