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Judge: NSA Phone Program Likely Unconstitutional
schwit1 writes in with the latest on an U.S. District Court ruling over NSA spying. "A federal judge ruled Monday that the National Security Agency's phone surveillance program is likely unconstitutional, Politico reports. U.S. District Court Judge Richard Leon said that the agency's controversial program, first unveiled by former government contractor Edward Snowden earlier this year, appears to violate the Constitution's Fourth Amendment, which states that the 'right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.' 'I cannot imagine a more "indiscriminate" and "arbitrary invasion" than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval,' Leon wrote in the ruling. The federal ruling came down after activist Larry Klayman filed a lawsuit in June over the program. The suit claimed that the NSA's surveillance 'violates the U.S. Constitution and also federal laws, including, but not limited to, the outrageous breach of privacy, freedom of speech, freedom of association, and the due process rights of American citizens.'"
Now the NSA will appeal. Off to the Supreme Court it goes. About fucking time. It is time to enforce the fourth amendment. I hope there are many more fourth amendment challenges in the pipeline. The bill of rights is the only thing left to save us from government tyranny.
About fucking time. It is time to enforce the fourth amendment.
It isn't that the 4th Amendment isn't being enforced, but rather that there are conflicting ideas about how the 4th Amendment applies. I'm sure you think you know, but is yet to be seen how the courts will decide. It isn't 1789 anymore, and the 4th Amendment has been applied to a lot of situations and there is a lot of legal history (precedent) as to how it applies. It is entirely possible, maybe even likely that they will win at the trial court and lose on appeal. Only time will tell.
The fact that there are now courts in two different jurisdictions in conflict could make review by the Supreme Court more likely if the result doesn't change on appeal. It is way too early to pop champagne yet, there is still a long road ahead before this is truly decided.
Chin up, Mr. Snowden. The government of the US may believe you're a traitor, but the time will come when you're seen as one of the heroes and guardians of liberty.
The world's burning. Moped Jesus spotted on I50. Details at 11.
I reckon it's about time for another "crisis" to remind us all why we need to keep the NSA apprised of all of our private activity. For our own safety, of course.
These are my friends, See how they glisten. See this one shine, how he smiles in the light.
"You could, but frankly, we'd rather talk about the 16.76 GB of underage duck-rape porn that you downloaded between August 6, 2004 and September 30 of the same year. Why don't you have a seat over there?"
Because not knowing that everything you do is traced is safer than knowing? He broke the law because the US government is lying to its citizens. Is the government completely immune to breaking the law? Should Watergate have only been about two rogue reporters?
From TFCD: "Indeed, I have little doubt that the author of our Constiution, James Madison, who cautioned us to beware "the abridgement of freedom of the people by gradual and silent encroachments by those in power," would be aghast."
The next time someone, seeking to expand the government's power, uses the meme "those founding fathers' ideas don't apply to our modern times", keep the above in mind. Their theories predict all this assholery with stunning accuracy. And that is due to studying history as hundreds of governments play out over thousands of years. Even the belief pure democracy won't fall prey to this is 100% contraindicated based on long-term history.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
You are talking about a pen register. "Smith v. Maryland, 442 U.S. 735 (1979), was a case in which the Supreme Court of the United States held that the installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required." --Wikipedia This is what I think the NSA is referring to when they talk about "meta-data" with regards to cell phone tracking.
The judge attacked the application of that case directly. Smith v Maryland dealt with a few days of calls from one number, with no past history. Not the explicit collection of the entire country's phone records from all providers, and maintaining a daily-updated database of at least 5 years worth of history with instant query capability across the entire time span. Smith was a very limited operation, the NSA's data collectino is by its very construction immense in scope with no justification except "BOO TERROR".