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Judge Denies Administration Request To Delay ACLU Metadata Lawsuit

sl4shd0rk writes "Federal Judge William Pauley has dismissed an Obama Administration request to delay a hearing on Verizon/NSA data sifting. The ACLU has argued that the sifting is not authorized by statute and even if it were it would still be unconstitutional. The Obama Administration requested the delay on the grounds it needed more time to search through its classified material to determine what was suitable for disclosure." See also the case docket. Motions must be filed by August 26th, and oral arguments begin on November 1st.

22 of 107 comments (clear)

  1. Well that's it then. by ackthpt · · Score: 4, Funny

    In hot water for all that monitoring of my veeblefetzers, potrzebies and axolotls.

    It's a great day for antidisestablishmentarianism and neoanarchalsocialrepublicanists.

    --

    A feeling of having made the same mistake before: Deja Foobar
  2. Good job, your honor! by intermodal · · Score: 4, Insightful

    Now if we could just get the wheels of justice to turn quicker on this one. Every day this is delayed is potentially one more day before this nonsense is put to an end.

    Though realistically, the NSA will keep doing it and just try harder to hide it. It's quite clear they operate outside of any actual level of control.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    1. Re:Good job, your honor! by ackthpt · · Score: 2, Funny

      Now if we could just get the wheels of justice to turn quicker on this one. Every day this is delayed is potentially one more day before this nonsense is put to an end.

      Though realistically, the NSA will keep doing it and just try harder to hide it. It's quite clear they operate outside of any actual level of control.

      They're probably already surfing the US Constitution, Bill 'o Rights and Magna Cum Arta for a loop de loop they can fly the next monitoring thing through. And both parties may wring their hands and wibble in public, but behind the closed doors they're all in bed together, watching us on their big screen TV and avin' a larf.

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:Good job, your honor! by intermodal · · Score: 5, Informative

      The Administration and NSA didn't care about the constitution before Snowden, they're not going to start now.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  3. It takes time and diligence by Anonymous Coward · · Score: 2, Insightful

    to weave a web of lies that can't be demolished beyond reasonable doubt in the time frame of a court case.

    Of course, it becomes easier when you can claim secrecy whenever the questions run close to a hole in the fabrication.

  4. Pray to FSM by ThatsNotPudding · · Score: 2, Insightful

    Let's all pray to the FSM for this judges' health, lest he come down with a terminal case of Hastings.

  5. Re:It's Booosh's!!!! fault! by i+kan+reed · · Score: 4, Insightful

    Lazy. Obama's not blameless. But all evidence at this point suggests he was following the terrible law as terribly written. Bush specifically did the same thing circumventing courts and warrants entirely, though the ACLU "lacked standing" to take him to court about it. Obama promised an end to warrant-less domestic wiretaps when he ran in 2008. That's what we got. I'm pretty much on the ACLU's side about most legal questions, and Obama hasn't been.

  6. The Constitution is clear on this by WCMI92 · · Score: 5, Informative

    Government has to get a warrant in an OPEN COURT. It has to describe SPECIFICALLY the person or things to be searched and seized. Government has no rights, the People have ALL rights. Government has no more authority to collect everyone's e-mails than it does to send a black van down each street, pull the mail from everyone's mailbox and photocopy it...

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    I don't see any "Because TERRORISTS!", or "Because Someone doesn't like Obama" exceptions in there, do you?

    --
    Corporatism != Free Market
    1. Re:The Constitution is clear on this by jcr · · Score: 4, Insightful

      Hear, Hear!

      Unfortunately, judges who will enforce the constitution are few and far between. Every sitting member of the supreme court has already failed to do so on multiple occasions.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:The Constitution is clear on this by WCMI92 · · Score: 5, Insightful

      Unfortunately, judges who will enforce the constitution are few and far between. Every sitting member of the supreme court has already failed to do so on multiple occasions.

      It's way past time for Americans to stop allowing judges to have the kind of absolute power they have right now. It's also way past time for Americans to accept by default orders handed down by government in general.

      The Federal Government doesn't have rights. It has enumerated POWERS. The Constitution is written as such that they have those powers (plus extra ones amended in) and no more. If we want to put a stop to what the NSA and this unlawful Regime in DC are doing to us we need to INSIST that the government restrict itself to those enumerated powers.

      --
      Corporatism != Free Market
    3. Re:The Constitution is clear on this by zzsmirkzz · · Score: 2

      Digital information/goods easily fit into the "effects" part of the protection. They went out of their way to enumerate just about everything that existed that could be searched or seized so I have no problem envisioning their original intent would of included emails, phone locations, etc. if they existed at the time. Not only that but I can envision them going, "DUH!", at how obvious this should be.

      The founders believed freedom was more important than individual life, so, yes, I believe they would stand by those convictions even in today's super scary environment.

      If the people believe the 200 year old document is out-of-date, there is a mechanism to change it and it's called a constitutional amendment. Sure, they are hard to pass because most people have to agree on them but that's by design. If you want to redefine and limit the fourth amendment, that is the only legal/constitutional course you could take. Everything else that has been done that conflicts with this amendment is illegal.

    4. Re:The Constitution is clear on this by spire3661 · · Score: 4, Informative

      The Constitution was intended to be interpreted by the lay public. You dont have to be a lawyer to understand law and governance. Democracy means WE are the government. Having educated people point out the finer points of law is fine, but any layman can see the decisions the Supremes have made in regard to corporate citizenship, the commerce clause and FISA courts are very much opposed to the Constitution.

      --
      Good-bye
    5. Re:The Constitution is clear on this by dkleinsc · · Score: 2

      "Because Someone doesn't like Obama" isn't the exception that the executive branch wants. The exception is "Because Someone Opposes or Embarrasses the FBI, CIA, DoD, and/or NSA".

      It's easy to find people who absolutely hate Obama who the government has left alone. For example, there is nobody searching the world trying to capture Glenn Beck or Alex Jones.

      By contrast, look at what the US is willing to do to get Edward Snowden: Violate Bolivia's sovereignty, and threaten trade sanctions against several countries including Russia (in violation of numerous treaties). Or look at what the US was willing to do to try to stop Wikileaks: Senator Joe Lieberman was personally involved in cajoling financial companies to refuse to send money to Wikileaks with no legal justification whatsoever.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    6. Re:The Constitution is clear on this by Charliemopps · · Score: 2

      So then... you are saying that digital information can be considered as physical, personal property?

      No, but some information about us as citizens has been determined as being private. Would the founders have objected to England opening your mail, making copies of the contents and then sending the original on to it's destination? Of course they would have.

      And copying of said information constitues as search and seizure?

      It does indeed. See above example.

      I guess that would make the RIAA's argument that copying is the equivalent of stealing true huh?

      Steeling is not an illegal search. Someone copying digital files that are ALREADY PUBLIC is not garnering any private information about the content owner. These are 2 completely separate subjects. I think that even those that think Piracy of movies and music is fine would object to someone hacking the same companies servers and publishing the health records of all their employees.

      I'm sure our fore-fathers anticipated technological changes over the course of the next several centuries and took it into account when they wrote this document.

      They did not, and they didn't need to. Our for-fathers understood human nature, which hasn't changed in thousands of years. The encroachment of tyranny on the civil liberties of the people always comes with he promise of protection from some new insidious threat. But rarely are the threats new. People have been blowing up buildings, shooting up schools, committing mail fraud and axe murders since the dawn of this country. None of this is new except our media exposure to it.

      I guess we can continue to hang onto this 200 year old document and spout it as the clear and true gosepel though.

      If wisdom prevails, we certainly will.

    7. Re:The Constitution is clear on this by Arker · · Score: 2

      There is no provision in the US Constitution for Martial Law - a most inconvenient fact for those who wish to wield that power. As a result, they have traditionally taken to citing I:9, which does permit Congress to suspend Habeas Corpus in case of "rebellion or invasion." Since suspending Habeas Corpus and imposing Martial Law are kind of related it has been cited in this context.

      The only case law on it I can recall is ex Parte Milligan, where the Supreme Court rationalised a power to declare martial law, yet still ruled that it was inherently unconstitutional to do so in any area where legitimate civilian courts were open and functioning, and therefore ruled against the government anyway. By that precedent I think Congress would have to declare it, and it would only be valid in areas where the civilian courts and authority had already been destroyed or rendered inoperable in one way or another, and only as long as there was a rebellion or invasion in progress as well.

      Synopsis from memory, do your own research etc.

      --
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      Friends don't let friends enable ecmascript.
  7. Re:It's Booosh's!!!! fault! by Anonymous Coward · · Score: 5, Insightful

    Lazy. Obama's not blameless. But all evidence at this point suggests he was following the terrible law as terribly written. Bush specifically did the same thing circumventing courts and warrants entirely, though the ACLU "lacked standing" to take him to court about it. Obama promised an end to warrant-less domestic wiretaps when he ran in 2008. That's what we got. I'm pretty much on the ACLU's side about most legal questions, and Obama hasn't been.

    BULLSHIT

    Obama has NO problem violating the law when he wants to.

    Delay implementing Obamacare despite what the law says? No problem.

    Stop deporting illegal aliens despite what the law says? No problem.

    Continue monitoring US citizens despite Candidate Obama calling it "unconstitutional"? No problem.

    Keep Gitmo open despite Candidate Obama calling it "unconstitutional"? No problem.

    Law? Yeah. Obama cares so fucking much about the law he conducts "extrajudicial killings" of US citizens.

    Don't post crap that Obama's just following the law when it's obvious the law means NOTHING to Obama. You just want to excuse Obama for doing things you probably excoriated Bush for.

    Double standard much?

  8. Re:It's Booosh's!!!! fault! by Charliemopps · · Score: 3, Insightful

    Wow... fanboy much? If either of you still think there's any difference between Obama and Bush then YOU are the problem. Stop voting Democrat/Republican. They are the same party at this point.

  9. Re:Wait... those are real? by ackthpt · · Score: 2

    In hot water for all that monitoring of my veeblefetzers, potrzebies and axolotls.

    It's a great day for antidisestablishmentarianism and neoanarchalsocialrepublicanists.

    Okay, I was aware of "axolotl", but veeblefetzers and potrzebies surprised me. Wikipedia pages and all!

    You can even ask google to convert "1 potrzebie" to metric.

    +1 internets to you, sir!

    (This is going into my WTF? that's real? list, alongside "Legends of Nascar" commemorative plates.)

    Both Donald Knuth and I are massive fans of the old Mad Magazine. This seems to be a Potrzebie Friday, if ever there was one. I'm building an inventory system and test data are Veeblefetzers, Potrzebies and Axolotls. For further research I may have to fish out my copy of Gasoline Valley.

    This is all rather off-topic, but the spirit of the OP was to obfuscate in event anyone is (ha!) monitoring us.

    --

    A feeling of having made the same mistake before: Deja Foobar
  10. Re:That may be true, but the judge couldn't delay by Arker · · Score: 2, Interesting

    It's true that the vast majority of people that lived in ancient times lived and died in obscurity.

    It's not true, however, that the Jesus of the fables was just another regular Joe that we would expect no one outside of his circle of followers to have taken notice of. Plenty of people that would have been less famous even then were nonetheless mentioned in some surviving document written by a contemporary. It seems awfully strange that a man who did signs and wonders, who astounded and confounded the wise and powerful, who fed multitudes in a miraculous fashion and so forth and so on, wouldnt show up as such in the historial record until roughly a century after his death.

    By itself this is not conclusive either way, but it certainly doesnt strengthen the case for a historical Jesus. Not by itself.

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    Friends don't let friends enable ecmascript.
  11. Re:Obligatory sarcasm by BlueStrat · · Score: 2

    No, the second amendment does not secure your right to hunt ducks or deer.

    It does secure your right to hunt congressmen should there be an open season for them.

    I think the 2A should secure a perimeter around the Capitol Visitor Center long enough for a few dozen cement trucks to dump their cement down the secret elevator and ventilation shafts going down to the classified FISA court facilities located under the Capitol Visitor Center and persist until the bubbles stop. Rinse & repeat for NSA domestic data storage facilities.

    Publicly posting all available personal data of judges and their families that serve on the FISA court might also serve to reverse this STASI-like system of secret courts and secret laws. Sunshine is the best disinfectant. Let's see how they like having the intimate details of their and their families' lives exposed.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  12. Re:Obligatory sarcasm by Proteus · · Score: 2

    Publicly posting all available personal data of judges and their families that serve on the FISA court might also serve to reverse this STASI-like system of secret courts and secret laws.

    If only that would work. Unfortunately, when you show people in power that they're vulnerable too, they don't see the light and act for change -- they double-down. They decide that such acts are evidence that they need even more power.

    --
    We may not imagine how our lives could be more frustrating and complex—but Congress can. – Cullen Hightower
  13. Thanks man. by WOOFYGOOFY · · Score: 2

    Thanks judge person. America owes you a solid.

    It is not cool that the Obama administration seeks to NOT have this conversation in public and with the public. This is a completely necessary conversation to have so we can all come to an agreement through the ancient device shared of understanding , which is pretty much the way free societies are held together .

    It bothers me that a scholar of the Constitution , a highly intelligent guy and someone who additionally had the advantage of access to the best university, the best professors, the best curricula in the most developed nation at the most enlightened time in history doesn't get this and act upon it.

    I understood when Bush was in office because what do you expect from an alcoholic guy who basically fell upwards his entire life and arrived at what age 50? with such poorly developed acumen of other people's character that he selected a sociopath for VP.

    But with Obama it's clearly a case of to whom much is given, much is expected and he's failing by that measure far worse than Bush.

    Where does that leave us in terms of hope for the future? It seems like these guys get into office and the financial gurus/charlatans like Greenspan and the operators in the establishment organizations like the CIA and the NSA are more than a match for them in terms of overwhelming them with specialized knowledge in domains the President is basically ignorant of. They have such a well developed - if inaccurate- POV that the President can't counter it and is basically led to say "OK, whatever you specialist think is best....". What else are you going to say when very large and complex systems you only have a layman's understanding of like the world economy or the details of national security are going to blow the fuck up if you decide wrongly?

    Kennedy was the last President to call bullshit on this kind of coup via ready-made vision. It's up to the President to have at the ready , should he /she be elected, people whose broad judgement he or she trusts. El Prez needs to have selected these people either through reading their published works or through personal acquaintance or some other long running process going into the office. I am saying that as soon as they conceive of the idea of being El Prez in their imagination at age 25 or whatever, this should be a major preoccupation for them from that point forward.

    What seems to happen is they look to people in government for advice at something like the last minute, as if their victory took them completely by surprise and they've got to do some hiring ! That just leads to insiders recommending insiders in what amounts to, as far as we or anyone else including the President knows, the latest iteration in a long played game of you scratch my back and I'll scratch yours.

    You cant' know everything; you have to outsource some part of your judgement, or at least you have to outsource some part of your bullshit detection subsystem.

    Hard believe the transformation of Obama's POV since he's gotten into office. I guess it takes a Clinton-like character, someone who's *down*, or a Kennedy, someone who's not intimidated by the office , someone who either through self assurance or arrogance or hopefully properly placed faith in the rightness of her perceptions or what have you to be able to resist the Ready-Made Interpretation of Everything that's lying in wait for you like a cougar, the second you sit your ass down in the Oval Office.