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The 5 Cases That Could Pit the Supreme Court Against the NSA

An anonymous reader writes: We've all been wondering how the U.S. Judicial branch will deal with the NSA's bulk metadata surveillance. Getting a case to the Supreme Court isn't a quick process, so we haven't seen much movement yet. But later this year, several cases have the potential to force a Supreme Court ruling on the NSA, whether they like it or not. Ars summarizes the five likeliest cases, and provides estimates on their timelines. For example, Klayman v. Obama was one of the first lawsuits filed after the Snowden leaks were published. The first judge to hear it actually ordered the government to halt the metadata program and destroy all data, but stayed his own order pending appeal. The case is now awaiting a decision from the District of Columbia Circuit Court of Appeals, and several other high-profile lawsuits are awaiting its outcome. The decision in Klayman will have a domino effect on NSA-related court battles across the country.

9 of 114 comments (clear)

  1. A wish from an American by Taco+Cowboy · · Score: 5, Insightful

    As an American of course I wish that the SCOTUS would honor the very spirit that makes the USA special - in which, the government should never have given any power to intrude on the citizens' rights

    But then, as a person who knows what the United States of America has turned into ... I ain't gonna be holding my breath

    Them SCOTUS people are as corrupt as the rest --- and to think the NSA (and those powerful god-like beings who holds control over spook agencies such as NSA) don't already have influences over the SCOTUS judges is to deny the reality

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re: A wish from an American by Anonymous Coward · · Score: 4, Informative

      Snowden is a Hero

    2. Re:A wish from an American by MightyMartian · · Score: 4, Insightful

      "Well, Mr. Justice, it appears from the following web searches you made over the last eight months that you like chicks with dicks. Now you can either rule for the the Government, or the Wall Street Journal gets a hot new exclusive..."

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:A wish from an American by stephanruby · · Score: 4, Insightful

      "Well, Mr. Justice, it appears from the following web searches you made over the last eight months that you like chicks with dicks. Now you can either rule for the the Government, or the Wall Street Journal gets a hot new exclusive..."

      That's way too tame. This is the way I'd envision the conversation.

      "Well, Mr. Justice, we have the videotapes of your sexual harassment campaign against your subordinates, we have the books that prove all the fraud you and your wife committed in real estate, and we have the remote kill-switch to your pacemaker. Why do you think you got the job? You would obviously never had gotten the job if we had no leverage against you.

      Please just wait ten years before you shut down the worst of our programs. In ten years time, we'll be using new technology, new loopholes, and new programs, that even Snowden doesn't know about. "

    4. Re: A wish from an American by epyT-R · · Score: 4, Insightful

      1. yes they are supposed to spy outside the nation's borders, not on citizens. By doing so, we do what the terrorists want to do: destroy our liberties. Who was snowden supposed to tell? The only leverage over the washington crowd is public shame. Snowden was a response to their deplorable behavior. They created snowden.

      2. If al quada is a threat, congress should declare war on the nations supporting it, and we hurl cruise missiles at them until they stop attacking us. If they are not threats, then we shouldn't be there. We don't win freedom by compromising citizens rights at home.

  2. Klayman by overshoot · · Score: 4, Insightful

    I'd feel a lot better about this case if the plaintiff (Klayman) weren't proceeding pro se and actually had a lawyer who knew how to argue a case instead of using his pleadings as a political soap box.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Klayman by wiredlogic · · Score: 5, Insightful

      I'd feel a lot better about this case if the plaintiff (Klayman) weren't proceeding pro se and actually had a lawyer who knew how to argue a case instead of using his pleadings as a political soap box.

      The American justice system has been co-opted by lawyers who've constructed a labyrinthine system of rules meant to enrich themselves by wresting control from the common man and forcing the use of their services. It shouldn't be necessary to avail oneself of legal aid to pursue civil torts. His choice to do this himself is in itself a protest of the horrible state of affairs in American courtrooms.

      --
      I am becoming gerund, destroyer of verbs.
    2. Re:Klayman by dj245 · · Score: 4, Informative

      I'd feel a lot better about this case if the plaintiff (Klayman) weren't proceeding pro se and actually had a lawyer who knew how to argue a case instead of using his pleadings as a political soap box.

      The American justice system has been co-opted by lawyers who've constructed a labyrinthine system of rules meant to enrich themselves by wresting control from the common man and forcing the use of their services. It shouldn't be necessary to avail oneself of legal aid to pursue civil torts. His choice to do this himself is in itself a protest of the horrible state of affairs in American courtrooms.

      It shouldn't be necessary to hire a plumber to hook up a dishwasher, or hire an electrician to wire an extra circuit. I am a licensed professional engineer with a strong background in piping and electrical. I can do both tasks easilly, and understand the theory of each. When the building inspector comes around though, I would be biting my nails. Only someone who does a trade or profession for a living every day has a hope of knowing all the little rules, tricks, and pitfalls.

      It's fine to have a law enthusiast represent themselves when it is their own skin on the line. Not so good when they will be arguing a case that may well be the legal precedent for the next 100 years. The only saving grace is that if he does get to the Supreme Court, the justices generally do a good job of making all the arguments themselves and just use the lawyers as their pawns to advance their preconceived talking points.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  3. Re:could-a wonka wonka by TheRealHocusLocus · · Score: 3

    I am Sam. Uncle Sam I am.
    That Uncle Sam, that Uncle Sam, I do not trust that Uncle Sam.
    Do you like backbone voice/data taps and bulk retention?
    I do not like them, Uncle Sam. They're just tools for blackmail, thugs and future despots. They am.
    Would you like them here or there?
    What bullshit, Sam. You put them everywhere.
    Would you like it bound by Charter? Can I promise to do no evil? Tartar?
    We tried that, Sam. The old folks have retired and it's run by young sociopaths who don't see anything wrong with even tapping their own poor children. They're smart-stupids, blinded by the buck and the tech, they do not realize what a sorry-ass country this could become WHEN that stuff falls in the wrong hands.
    Then introduce a bill into the House. Ask your senator, man... or mouse?
    Mumble National Security mumble, they say. I think they are under blackmail, today.
    Then will you, won't you, take it to the Judge? [wink]
    We did, in Hepting vs. AT&T. The only case that would have exposed, in the discovery process, the true extent of domestic telecom surveillance. The Ninth Circuit dismissed the case by citing a law that was enacted AFTER the case was filed. The Supreme Court refused to hear it. Miscarriage of justice, much?
    Your bitter phrases take lots of time, you cannot even make them rhyme.
    That's because I trying to communicate something REAL, asshole.
    Should I put NSA in a box?
    Guard the hen house with a fox?
    You mean, appoint a Director that goes before Congress under oath, pretends to know nothing and needs both hands to find his ass in the dark?? We've tried that too. I thought it was unlawful to lie to Congress, guess not.
    Would you like it on a boat? Would you like it with a goat?
    That's the kind of transparent childish misdirection we've come to expect from you people. Like that stupid false metadata conundrum, a limited hang-out where you 'pretend' to relinquish voluntary data sharing agreements, and fill everyone's ears with talk of metadata. When all the while the backbone taps ensure you will obtain all that by other means, and more besides.
    You do not like Big Brother, so you say,
    Try it! Try it! And you may.
    Fuck off.

    It's been tried, Stalin would be proud of what we have built already. The TRUE extent of our domestic spy apparatus is, by now, probably hidden and partitioned into layers. The folks who built it out knew full well it would not pass Constitutional muster, and so they have probably created a series of interlocking pieces and black-funded faux-telecom 'private' companies that have title of the 'assets'. It may require a massive de-funding and deconstruction effort, and the sociopaths that have built this thing may 'turn turtle' and put their legs in the air... but that will NOT be enough. We're back to Hepting vs. AT&T again, it is the private telecommunications technicians that must come forward en masse and help identify these interconnect points.

    I wish I could trust you, Uncle Sam
    Can I interest you in some... spam?

    --
    <blink>down the rabbit hole</blink>