Judge Rules NSA Wiretapping Unconstitutional

strredwolf writes "CNN is reporting that NSA's warrantless wiretapping program has been ruled unconstitutional. This is the ACLU lawsuit on behalf of journalists, scholars, and lawyers. From the article: "U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy.""

Comments

Re:Trust us! We're the government!

[megaditto]

Actually, you are thinking about the wrong program.

The Federal Judge has ordered NSA to stop wiretapping international calls that the Government says targets suspected al qaeda members.

The one you are thinking about (a much broader domestic wiretapping) was recently dismissed. It was also filed by the ACLU, hence the confusion.

While the decision may be a good news for privacy advocates, it is certain that the Government is likely to appeal Judge Taylor's decision.

I would argue that of the three known warrantless data collection programs, the one targeting international calls has the least privacy impact and the most potential to garner actionable intelligence and protect the American public, so it may be unfortunate that this is the one ordered stopped, while the other two are allowed to continue.

We are not out of the woods yet

[lawpoop]

Folks, it isn't over until it's over. The ruling can still be appealed. Bush nominated judge Samuel Alito to the supreme court. Alito subscribes to the notion of the unitary executive, which basically means that anything the president does is legal, by definition. Alito may be sympathetic to the administration's view on this. He is just one of nine judges, but I point him out to show you who Bush is appointing.

Remember the Total Information Awareness project, proposed by Admiral Poindexter, shortly after 9/11? It was to be a gigantic database of all electronic information -- the complete, ongoing electronic record of every US citizen. Of course, because of public outcry, the project was defunded. However, the project has simply been broken apart and pursued. Wikipedia says "An unknown number of TIA's functions have been merged under the codename "Topsail".

We don't know the full story, yet we are being given some very clear, bright red flags. Why does the government need to keep track of every single citizen?

Re:Trust us! We're the government!

[buswolley]

Look. The White House knows that all their illegal activity may get them in trouble if the house and senate goes to the democrats. This is why they are pro-actively insulating themselves with legal manipulations. For example, reports http://www.mercurynews.com/mld/mercurynews/news/sp ecial_packages/iraq/15246142.htm :

The Bush administration drafted amendments to the War Crimes Act that would retroactively protect policymakers from possible criminal charges for authorizing any humiliating and degrading treatment of detainees, according to lawyers who have seen the proposal.

They know the shit can hit the fan for them. Actually, it gives me hope: The executive branch is still afraid of something..

There is hope.