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Surveillance Watchdog Concludes Metadata Program Is Illegal, "Should End"

An anonymous reader writes "Three out of five PCLOB board members are in agreement: The NSA spy programs are illegal.. Unfortunately, these lawyers are not in a position to act or make any changes, only to advise congress and the president. Could this be the start of change to come? 'According to leaked copies of a forthcoming report by the Privacy and Civil Liberties Oversight Board (PCLOB), the government's metadata collection program "lacks a viable legal foundation under Section 215, implicates constitutional concerns under the First and Fourth Amendments, raises serious threats to privacy and civil liberties as a policy matter, and has shown only limited value As a result, the board recommends that the government end the program.'" Not surprisingly, the Obama administration disagrees.

11 of 138 comments (clear)

  1. Duh by LookIntoTheFuture · · Score: 5, Insightful

    Surveillance Watchdog Concludes Metadata Program Is Illegal, "Should End"

    Any rational person with half a brain would come to the same conclusion.

    --
    Brave Sir Robin ran away. ("No!") Bravely ran away away. ("I didn't!")
    1. Re:Duh by lagomorpha2 · · Score: 5, Insightful

      "Any rational person with half a brain would come to the same conclusion."

      The real question is, how did people like that manage to get onto an oversight board?

  2. Illegal eh? by serviscope_minor · · Score: 5, Insightful

    So it's illegal. So I guess someone's going to go to prison for the crime then.

    Uh...

    ba-dum-tschhh....?

    It's really sad that the idea of widespread illegalactivities by the government yielding prison sentences for those involved is a joke. But that half ounce of pot you got caught with...

    --
    SJW n. One who posts facts.
  3. Probably won't have much affect by cold+fjord · · Score: 4, Insightful

    Since it has already passed muster with the courts, Congress, and President, I doubt there will be much outcome. They are advisors, not "deciders."

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  4. Three out of five? by J'raxis · · Score: 4, Insightful

    Three out of five PCLOB board members are in agreement: The NSA spy programs are illegal. ... Could this be the start of change to come?

    Indeed. Expect the government to replace one PCLOB member.

  5. Man who wouldn't be king's speech by Impy+the+Impiuos+Imp · · Score: 5, Insightful

    From a higher level, metadata, who calls whom, and when, would have been used to round up the Founding Fathers. Had they still managed to be successful, they would have forbidden that to government without warrant.

    It's really that damned simple, people.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  6. Re:first submission by Professr3 · · Score: 4, Insightful

    That's probably why they picked this one instead...

  7. Another brick in the wall by SirGarlon · · Score: 4, Insightful

    There are many who will despair that reports like this will get ignored. What I think we can learn from history is that big legal and social changes in the United States don't happen overnight. It takes a long time to build the political will to fix a broken system. We saw that with the civil rights movement, we're seeing it now (in my humble opinion) with marijuana legalization and same-sex marriage.

    Even though the agency that issued this report has no authority, it's one more source of media coverage, one more expert opinion saying the surveillance programs are un-American. What we need are years, not months, of frequent and critical media coverage. That is what change looks like.

    I know the NSA's abuses can't end soon enough. The democratic process makes wise decisions slowly and foolish decisions instantly. Keep the pressure on, and give it time.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  8. Re:And nothing will change ... by gstoddart · · Score: 5, Insightful

    Which means sooner or later they will be doing this for people who disagree politically, or who oppose funding increases, or just because they can.

    When your state security can put anybody on the radar of law enforcement and conceal their involvement, then it will be abused, and possibly for personal gain (your ex's new husband needs some closer scrutiny maybe?)

    This just smacks of some of the worst of McCarthyism where lives can be ruined because someone decides it's convenient.

    You don't have a free society when you can be subject to trumped up charges used to mask the real reasons. But increasingly, 'free' is irrelevant under the program of "appearing safe".

    Oh, we see you criticized our agency ... let's see what we can dig up, oooh, says here you're having an affair, that should be enough to discredit you and draw attention away from us.

    --
    Lost at C:>. Found at C.
  9. I'm wary of their reasoning by mi · · Score: 4, Insightful

    lacks a viable legal foundation under Section 215, implicates constitutional concerns under the First and Fourth Amendments, raises serious threats to privacy and civil liberties as a policy matter, and has shown only limited value As a result, the board recommends that the government end the program.

    A thing like this ought to be legal or illegal regardless of whether it is useful or not... So, though I'm glad they've reached this conclusion, I'm hesitant to rejoice — if these are the standards to apply, we may have something horribly invasive coming in the future, which will survive legal scrutiny because it will be useful, even if otherwise illegal...

    --
    In Soviet Washington the swamp drains you.
  10. Re:And nothing will change ... by mrchaotica · · Score: 5, Insightful

    even if it isn't legal, it's Too Important to stop doing it.

    I am sick and tired of hearing the Government say this. Usefulness is not a valid criterium for arguing the Constitutionality of a law!

    Even the board's statement (quoted in the summary" that the spying "has shown only limited value" is a non-sequitur and should not have been mentioned because doing so lends credibility to the false premise that usefulness is relevant.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz