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The FBI could soon have the power to access a person's internet browsing history without a warrant in terrorism investigations. 

Lawmakers are considering the proposed legislation this week. Critics, including Google and Facebook, argue that the changes to existing law would be a violation of Americans' privacy. 

Fox News senior judicial analyst Judge Andrew Napolitano weighed in this afternoon, arguing that the Fourth Amendment has been under a sustained "assault" for 40-50 years.

He pointed out how much can be learned about a person by simply viewing their web browsing habits. 

Napolitano said that the government will - as it always does - argue that this is necessary to keep us safe from terror attacks, but that the argument is a "facade."

"This law will pass because the Congress doesn't give a damn about whether it's unconstitutional! ... The American people should wake up. This is a major step toward a police state," he said.

The judge noted that FBI Director James Comey recently told the Senate that the Constitution makes investigations much more difficult. 

"Guess what. The Constitution is intentionally a pain in the neck so that law enforcement will not run roughshod over our civil liberties!" said Napolitano, faulting the feds for using a "fishing net" approach to fighting terrorism. 

Watch the full discussion above.

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