Monday, December 16, 2013

NSA in Court

The National Security Agency received its most significant legal setback since the disclosures prompted by a former contractor, Edward Snowden, when a federal judge ruled on Monday that its bulk collection of Americans’ telephone records is likely to violate the US constitution.

Judge Richard Leon [a George W. Bush appointee] declared that the mass collection of so-called metadata probably violates the fourth amendment, relating to unreasonable searches and seizures, and is "almost Orwellian" in its scope.

  Guardian
Almost? And…”probably” unconstitutional?
He also expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” wrote Leon, a US district judge in the District of Columbia.

[...]

In what was the only comfort to the NSA in a stinging judgment, he put the ruling on hold, pending an appeal by the government.

[...]

Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
Have at it, folks. ...but hey, do what you want...you will anyway.

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