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US Appeals Court Says NSA Phone Surveillance Is Not Authorized By Congress
New submitter IronOxen writes: A panel of three federal judges for the second circuit overturned an earlier ruling. The court has ruled that the bulk collection of telephone metadata is unlawful, in a landmark decision that clears the way for a full legal challenge against the National Security Agency: "'We hold that the text of section 215 cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program,' concluded their judgement." That's not exactly saying that such bulk collection is unconscionable or per se unconstitutional, but it's a major step toward respecting privacy as a default.
You've tasked these loyal people with a job to do in order to keep the USA and its citizens safe, and then removed the tools they need to do the job effectively. When that next truck bomb detonates at a sporting event or mall, or when that next muslim fan goes on an indiscriminate killing spree through a church, know in your heart that you have allowed that to happen. You've just allowed hundreds of people to die so that the government computers don't log your phone sex that could be embarassing, except nobody really cares - get over it. It's a shame that we are going to have to learn the hard way through another 9/11, and you'll have Snowden the traitor to blame.
It means that they personally are at fault, rather than that Congress overstepped it's authority.
excitingthingstodo.blogspot.com
Amendment IV
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.
https://www.youtube.com/c/BrendaEM
Just because it's illegal or not authorized doesn't mean that they will stop. They'll simply continue and do their best to keep it hush hush
Senator Rand Paul, a Republican presidential candidate who has made opposition to overbroad surveillance central to his platform, tweeted: “The phone records of law abiding citizens are none of the NSA’s business! Pleased with the ruling this morning.”
How fast would his attitude towards surveillance change if were elected president?
We play the game with the bravery of being out of range
maybe now we can pardon Snowden?
There goes all those long lonely nights talking to my phone...
"If any question why we died, Tell them because our fathers lied."
as far as the NSA is concerned, collection is not unlawful - getting caught collecting is what's unlawful. theyll just be more careful about it
The reason there are people who want to use asymmetric warfare (terrorism) is because they are outmatched. We, the USA, were the ones who threw the first punch with our occupation of Muslim countries. We can rationalize it all we want that we are fighting for "freedom", helping the oppressed or whatever the delusional shit we tell ourselves for our ridiculous foreign policy. It's all lies. We are occupying other countries and their people do NOT like it. what is so hard to understand?!
If we were TRULY fighting for those things, then we must invade Saudi Arabia, Israel, N.Korea, China, Somalia, etc ......
And if we were fighting for freedom, then why did we oust Saddam from Kuwait and reinstate a monarchy? That makes no sense.
The US' foreign policies are hypocritical and the rest of thee World knows it and sees it. Unfortunately, we Americans have been brainwashed by our propaganda - corporate for profit propaganda - because it's what we want to hear. When the fact is we're two faced bullies.
God bless America.*
*Even though I firmly believe the separation of church and state is vital and I would in no way impose religion on anyone.
My ism, it's full of beliefs.
At least he wouldn't actively go into the house of black parents and post-abortionate (murder) their children, like Hillary Clinton would do.
At least he wouldn't make a law that requires that all married couples raise one gay child, like Hillary Clinton would do.
At least he wouldn't force gays to marry, like Hillary Clinton would do.
At least he wouldn't force all business owners to fire their employees so they can live on welfare, like Hillary Clinton would do.
At least he wouldn't hand over the keys of our country to the EU saying "We want to be more like you" like Hillary Clinton would do.
At least he wouldn't ban all guns, knives, chains, fists, bats, crowbars, forks, sporks, or pepper like Hillary Clinton would do.
At least he wouldn't force sterilization on all white males, like Hillary Clinton would do.
No the people to blame are the monsters that commit horrible acts.
The President has the authority to order the NSA to collect the data under the War Powers Act. We are at war, and the President has whatever means are at his disposal to win. Period.
Are you afraid of your own shadows too? Maybe we should make a law to prevent shadows too.
More likely a massive multi-branch "limited hangout" op.
How many kids died in Hiroshima? Nagasaki?
Babies?
The hypocrisy is indeed strong with these U.S. Americans.
Seriously, the worst part is that it's doesn't achieve it's stated objectives.
Intel gathered in Saudi Arabia, Yemen, Pakistan, Afghanistan and some other rogue states like Bahrain, yields actionable intel.
Intel gathered in the US has somewhere around 99 percent false leads that hide the 1 percent we would have found if we only used the above intel instead, and then used specific warrant leads.
That to me is the take home from this Illegal and Unconstitutional NSA data collection program.
-- Tigger warning: This post may contain tiggers! --
...except if you're not American, in which case you're still spied on, and no one is challenging that.
"You should never doubt what nobody is sure about." -- Willy Wonka
From what I have seen the 2nd circuit ruling only says that section 215 of Patriot Act does not authorize the bulk collection of phone data that the NSA has been doing. The Foreign Intelligence Surveillance Court (FISC) had approved this program under section 215. The 2nd circuit is overruling FISC. This ruling apparently does not address the question of whether the bulk collection of phone data violates of the 4th amendment. There is no enforcement provisions in this appeals court ruling. The 2nd circuit is leaving it to the the district court to decide enforcement questions, such as what happens to all the data that has been collected. Section 215 of the Patriot Act expires in 3 weeks anyway unless it is re-authorized by Congress. So far it does not look like Congress is going to re-authorize section 215. Congress could reword section 215 to say it authorizes this kind of bulk data collection and pass a new authorization. Keep your eye on what Congress does in response to this ruling.
So who is going to jail over this?
Somebody is at least losing their job, right?
In U.S. government, agencies can only do what they are authorized to do by law and budget. Obviously, that's subject to interpretation, so a certain amount of "mission creep" is inevitable, but if a court of suitable jurisdiction says nothing authorized an activity then it has to stop, now, and arguably those doing it could face charges if it was willful.
In private, it's the other way, because The People are the source of government in the U.S. So unless something is against some law, and the law is constitutional, it's legal for a private individual or organization to do it.
Another rub on the Patriot Act, or rather the Patriot Act extension, is that it was not signed by the President. The extension bill was the first bill ever signed into law by the "autopen".
Article I, Section 7 - Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. [...]
http://www.archives.gov/exhibi...
So it says "he shall sign it", not a robot. Is it law?
Aren't there a couple of spigots somewhere that Verizon and AT&T need to turn off now?
The NSA phone surveillance programs were authorized by Presidents Bush and Obama in secret executive orders.
The reason for authorization is the presidential realization that all U.S.A. citizens are enemies of the U.S.A. and White House and must be punished. Monitoring is a requirement for delivering punishment.
IPSO FACTO
If all U.S.A. citizens are enemies of the U.S.A. and White House (Ah Ha! A subtle transitive. The White House views itself as the only legal and rightful bearer of the name, U.S.A., and no other geography need be considered.) then the Federal Courts cannot be trusted by the White House. Thus all rulings by the Federal Courts and by way of Presidential secret order, are void. All employees of the Federal Courts can be killed through Presidential secret executive order as actionable by the President, and this will be the case. The killing of Federal Court employees will endear Obama to the UN and IPCC for helping to reduce Global Human Climate Catastrophe and Human Induced Extreme Weather Events.