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Surveillance Court: NSA Can Resume Bulk Surveillance

An anonymous reader writes: We all celebrated back in May when a federal court ruled the NSA's phone surveillance illegal, and again at the beginning of June, when the Patriot Act expired, ending authorization for that surveillance. Unfortunately, the NY Times now reports on a ruling from the Foreign Intelligence Surveillance Court, which concluded that the NSA may temporarily resume bulk collection of metadata about U.S. citizens's phone calls. From the article: "In a 26-page opinion (PDF) made public on Tuesday, Judge Michael W. Mosman of the surveillance court rejected the challenge by FreedomWorks, which was represented by a former Virginia attorney general, Ken Cuccinelli, a Republican. And Judge Mosman said that the Second Circuit was wrong, too. 'Second Circuit rulings are not binding' on the surveillance court, he wrote, 'and this court respectfully disagrees with that court's analysis, especially in view of the intervening enactment of the U.S.A. Freedom Act.' When the Second Circuit issued its ruling that the program was illegal, it did not issue any injunction ordering the program halted, saying that it would be prudent to see what Congress did as Section 215 neared its June 1 expiration."

12 of 161 comments (clear)

  1. The founding documents present a path... by msauve · · Score: 5, Insightful

    "Governments are instituted among Men, deriving their just powers from the consent of the governed, â" That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government,"

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:The founding documents present a path... by zenlessyank · · Score: 5, Interesting

      Unfortunately, I am too poor to make the trip to Washington D.C. to help replace the government. I am also unarmed. My vote is weightless, as it cannot fall on either side of the fence given. I hear so much grumbling in the wind. I have heard it since the '70s. 40+ years later, NOTHING. Riots where people destroy their own neighborhoods is not what I want to sign up for. Seems if say, like 60,000,000 of us show up in Washington D.C. then maybe we can rip out the old fence and put up a new one with sides that mean something. Slavery is alive and well in the USA. We are slaves to our own greed. And selfishness. And fear. And hate. And Government. And the Government Minded. But I believe these are treasonous words in this police state, and I fear I may end up in Gitmo. SO... I retract all that was previously stated and label this for "entertainment purposes only".

    2. Re:The founding documents present a path... by cayenne8 · · Score: 4, Interesting
      What is this?

      "One Court to Rule them ALL?"

      And here we were thinking the Supreme Court was maybe throwing a bit too much weight around making laws up.

      I guess SCOTUS is just not secret enough, and FISA is.....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    3. Re:The founding documents present a path... by Anonymous Coward · · Score: 5, Insightful

      No it is not. People on slashdot like to post stuff like this as if it is even remotely likely.

      The majority of the American people are sufficiently well-off that there is no way in hell they are going to risk their lives rebelling against the government. It doesn't matter how egregiously the government betrays us...so long as we live in relative comfort we will accept it and come back for more.

      I suspect that the most defiant act you are taking is to post derisive comments on slashdot, and possibly download a few files in violation of copyright law. Most of the "revolutionaries" in America are right there with you, buddy.

    4. Re:The founding documents present a path... by Demonoid-Penguin · · Score: 4, Insightful

      The majority of the American people are sufficiently well-off that there is no way in hell they are going to risk their lives rebelling against the government. [...]

      Lives? I disagree - though not seriously. Let me try:-

      The majority of people living in the countries represented by FiveEyes believe they are millionaires in waiting. They blame:-

      • "illegal immigrants" (people fleeing the countries they are at war with - who now work the jobs they are too good to do)
      • "disruptive technology" (business that threatens the businesses that profit from the many wars their countries are involved in - run by liberals and others that understand things as a result of effort they're too lazy to exert)
      • "moral degeneracy" (anyone that don't toe the line they plant their noses on hoping to impress the powers that be)
      • the "welfare state" (that which seeks to redress the imbalance that "they" hope will one day soon be unbalanced in their favor - "that single mother lives in government housing with her four kids on almost $1000 pw - I wish I got that much to watch tv all day")

      for the fact that they are not already millionaires.

      What they want is to be conspicuous millionaires (spend like there is no tomorrow), and celebrities (worshiped like they worship other celebrities). They want the fruits of technology and instant knowledge without effort. Holidays in foreign climes where life is cheap, financed by credit serviced by revenue from winnings and speculation guided by others. Angry, scared (of losing what they don't have), and insane (as a consequence of believing in diametrically opposing impossible things) they cower like whipped dogs before the same authority they wish to be.

      No surprise then that most retreat to worship at the altars of entertainment, superstition, or conservatism - the three pillars of denial.

      So much typing. It should be easier (someone else do it for me).

      Now rise up and rebel you, you, - other people. Some one (else) needs to kick some arse.

    5. Re:The founding documents present a path... by sjames · · Score: 4, Interesting

      I doubt there will be outright rebellion at this point, but a lot of lesser rebellions will take place. Even some corporations are deliberately messing with the NSA these days. Respect for federal authorities and police at all levels is falling fast. No armed insurrection or anything, just a bunch of "We destroy all records every 24 hours", "Gee officer, I didn't see anything", "Smile for the camera officers", and "the next version will feature built in encryption".

  2. LOL, wut??? by NoNonAlphaCharsHere · · Score: 4, Insightful

    Like they ever stopped?

  3. Re: Above Congress? by bill_mcgonigle · · Score: 4, Insightful

    not sure if serious ... CIA people have been in the Whitehouse since 1980, out in the open (it's debatable before then). They spy on Congress, have their own secret kangaroo courts, and carry out overseas executions all admittedly. One could suppose that there's nothing worse behind closed doors but that would be generous towards spies. Who doesn't really think they're blackmailing anybody in Congress or other high elected office?

    Politics remains the entertainment arm of the military-industrial complex. After all, people would be mildly non-plussed to learn that they were secretly ruled by spooks and banksters.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  4. Re: Above Congress? by msauve · · Score: 5, Insightful

    "The total resources of 300 million people is taxed and at the disposal of under 1000 elected people..."

    ...at the Federal level.

    And that's the fundamental problem - the government which should have the most influence, and over which the electorate should have the most control, should start at the local level.

    We're supposed to be the United States, but the Feds have used the supremacy clause to take over almost everything with real significance, ignoring the 9th and 10th Amendments, which are treated as an inconvenient speed bump.

    IMHO, the biggest problem with the Constitution is that the Supremes should really be under the direct control of the States, instead of the Feds deciding what the Feds can do.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  5. Re:Knew it was too good to be true. by dunkindave · · Score: 4, Informative

    One other interesting note - all the judges on the FISC are solely appointed by the Chief Justice of the Supreme Court, without any confirmation or oversight by Congress required.

    While Congress does not get any oversight of the appointing process itself, the Chief Justice can only appoint the judges from the pool of US District Court Judges. This means the judges on the FISA Court were first nominated by the President to become District Court Judges, and then confimed by the Senate, so there was some congressional oversight in terms of who could be appointed.

    I don't know if all of the current judges were picked by John Roberts or not, ...

    The FISA judges serve for seven years, and Roberts has been the Chief Justice since 2005, so yes, he picked all of the current judges.

  6. Re:Corruption is it's own reward by cfalcon · · Score: 4, Insightful

    It will take it being a serious campaign issue at the federal level for it to stop- and that's just the first step. Every toll road has a toll for X years. Then after X years... it keeps the toll. Every time, no one can turn the tap off. As a nation, we voted in a guy who was gonna close gitmo. 8 years later, still gitmo. As long as the red and blue teams can keep dangling the threat of losing personal freedom if the OTHER team gets in, it's essentially impossible to get policy level things changed.

  7. Re:Turn it on them by BlueStrat · · Score: 4, Interesting

    Surely it wouldn't be beyond the collective wit of the internet to set up a parallel surveillance system targeting judges, politicians and others involved in dismantling these freedoms. After a couple of months of having their every private movement made public I suspect they'd change their outlook.

    Quite a while back I posted a comment suggesting a smartphone application that allows people to take a snapshot of a government official/bureaucrat/judge/LEO/agent as well as officials/employees of NSA/NRO/CIA/etc private contractors and upload it and location/time and other relevant data to a website in a non-5-eyes nation where facial recognition and data-mining software could analyze it and make that information and analysis publicly available. Track all their travel, associations, purchases, everything possible.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.