Judge: NSA Phone Program Likely Unconstitutional 345
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.'"
Re:About time (Score:5, Informative)
Yeah, last time this question got to the supreme court, the court's reaction was "you can't prove you're being spied on, go away"
And of course, we were being spied on, and the courts refusal to grant standing is one of many extremely poor choices by the court in the Bush years(they didn't stop with bad decisions when Obama arrived, not saying that).
Here is a reaction by Snowden upon this ruling (Score:5, Informative)
In a New York Times article, [nytimes.com] 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.”"
Re:About time (Score:5, Informative)
If a President is going to have War Powers, shouldn't there be a war going on?
Last I looked Congress are the ones that get to say when that is.
Re:About time (Score:5, Informative)
Re:About time (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.
Re:Here is a reaction by Snowden upon this ruling (Score:4, Informative)
Or: you are a liar.
Re:Arbitrary? (Score:4, Informative)
You mean like DUI checkpoints?
Driving is not a constitutionally protected right. Most states issue drivers licenses as granting the driver the privilege of being allowed to drive on public (i.e., government built and owned) roads. If you don't like the terms, you are free to not accept them but then you also may not use the state's roads.
DUI checkpoints have only been ruled unconstitutional when it was shown that cars being stopped were driven by members of identifiable ethnic groups. The stop itself was not unconstitutional but the uneven application of who got stopped violated "equal protection under the law."
Cheers,
Dave
Re:About time (Score:5, Informative)
There's this comical belief that Congress should have the ability to approve of War Powers, which the constitution clearly states are those powers reserved to the President.
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
What Constitution are you reading? The congress pretty clearly has the power to declare or not a war.
Re:Yea but nothing happened (Score:5, Informative)
His verdict applies tothe entire country. His 'limited jurisdiction' only applies to the types of cases he can take, not to a specific region.
"In general, federal courts may decide cases that involve the United States government, the United States Constitution or federal laws, or controversies between states or between the United States and foreign governments. A case that raises such a "federal question" may be filed in federal court."
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspx [uscourts.gov]
Full Text (Score:5, Informative)
Re:About time (Score:2, Informative)
I do. The FBI systematically did so under J. Edgar Hoover. Various Presidents have effectively wielded the power the IRS to do so. Why wouldn't the NSA?
Re:About time (Score:5, Informative)
These types of fraud are not caught by data mining their phone and e-mail records, they're caught by analyzing the usage data they already have access to and look for unexpected patterns, just like we check for rigged elections. There are fe wpublic benefits to snopping in depth, and the number of false positives drown out any true positives they may return.
Re:About time (Score:1, Informative)
And it was reauthorized again in 2011, signed into law in the middle of the night by the current President.
Because they were set to expire at midnight and the bill had only been passed that day. I think that was was a huge mistake too, but enough with the bullshit theatrics.
Re:About time (Score:5, Informative)