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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.'"

9 of 345 comments (clear)

  1. About time by Todd+Palin · · Score: 5, Insightful

    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.

    1. Re:About time by GodInHell · · Score: 5, Informative

      The constitution says that the Congress shall have the power: "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;" which sounds a lot like "war powers" to me. I must have missed the part where the Article I grants the president the power to declare war (hint, it doesn't).

    2. Re:About time by NatasRevol · · Score: 5, Insightful

      When a black body like the NSA oversteps their bounds, especially to the degree they’ve admitted, much less been reported, then they need to be stopped.

      The real problem is this. You can’t do anything about it. You can elect all the new politicians you want. You can chuck out anyone you want in elected positions. The NSA isn’t elected, and isn’t going anywhere. And does know ALL the skeletons of those who are elected. So that they can be manipulated to not looking into the NSA activities.

      THAT’S why they need to be stopped.

      --
      There are two types of people in the world: Those who crave closure
    3. Re:About time by Desler · · Score: 5, Informative

      Everybody

      Look... SCOTUS is a branch of the Federal government, just like the other two. It is not immune from image problems (especially in recent years, when it has demonstrably failed to do its job again and again and again).

      How cute and naive. The Supreme Court is immune to "image problems". Unless any of the justices have done something that Congress has decided they should be impeached for then they will face no consequences.

    4. Re:About time by Anonymous Coward · · Score: 5, Insightful

      The Patriot Act was passed in both the senate and house of representatives with a veto proof 98 senators and 357 house representatives.

      It was reauthorized in 2006 with a veto proof 89 senators and an almost veto proof 280 house of representatives.

      Quit blaming the presidents when congress is fully invested in the law.

  2. NSA Press Release by mythosaz · · Score: 5, Funny

    "That's nice."

    -NSA Press Secretary

  3. Follow up Headline by TheGeneration · · Score: 5, Funny

    "NSA decides it doesn't care what the constitution says and keeps on doing what it wants."

    --


    The Generation
    I'd say something witty here, but I'm not that bright.
    1. Re:Follow up Headline by Man+On+Pink+Corner · · Score: 5, Insightful

      "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?"

  4. Here is a reaction by Snowden upon this ruling by vikingpower · · Score: 5, Informative

    In a New York Times article, Snowden reacts, stating:

    "“I acted on my belief that the N.S.A.’s mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts. Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”"

    --
    Religous speak to God. Insane are spoken to by God. When all shut up, one can finally hear Shostakovich in peace