Judge: NSA Metadata Collection Unconstitutional
by Karl Bode 04:50PM Monday Dec 16 2013 Tipped by IantoJones
In a bit of very important news, DC District Judge Richard Leon has issued an injunction on the NSA's bulk collection of metadata, arguing it is likely violating the Fourth Amendment
. Leon's ruling
is a must read if you've been following the NSA story, and is the first specifically on the bulk metadata collection exposed when Verizon documents were leaked last June
Those documents indicated that the government was not only been using live wiretaps, but they've been collecting call location data, unique identifiers, the call duration and time of all calls, and the identities of both callers -- of millions of users regardless of whether or not they're even suspected of a crime.
Leon is not buying into the government's justification that wholesale metadata collection is necessary because the speed of it saves lives, the Judge noting the government has no direct evidence showing such collection has helped prevent an "imminent attack." As such, the Judge notes he believes that the cases against the wholesale collection of metadata (from the ACLU
and others) have a good chance moving forward:
...the Court concludes that plaintiffs have standing to challenge the constitutionality of the Government's bulk collection and querying of phone record metadata, that they have demonstrated a substantial likelihood of success on the merits of their Fourth Amendment claim, and that they will suffer irreparable harm absent preliminary injunctive relief.
Also worth noting is Leon's thoughts on how deeply phone companies cooperate with the metadata collection and other surveillance efforts, as he deflates the government's use of Smth v. Maryland
as precedent and justification for the program:
It's one thing to say that people expect phone companies to occasionally provide information to law enforcement; it is quite another to suggest that our citizens expect all phone companies to operate what is effectively a joint intelligence-gathering operation with the Government.
Again, the whole ruling is worth a read in that it effectively demolishes and dismantles the government's entire justification for the program, noting that even if
Leon were to buy all the government's justifications and logic, the program would still violate the Fourth Amendment. In short, the ruling issues an injunction on the program, but suspends that injunction barring the inevitable appeal.
| |StuartMWWho Is John Galt?Premium
Likely? NSA Metadata Collection Likely Violating Constitution.
The 4th Amendment
quote:Of course it all depends on what you mean by "unreasonable". If you believe that the gummint should be able to monitor everyone, everywhere, and all the time in order to
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.
• Stop terrorists
• Protect the children
then everything is "reasonable".
Don't feed trolls--it only makes them grow!
·Time Warner Cable
said by IgnoreCourts : still allows making prosecution imposable.
One - SC will most likely OK gov't spying like they have in the past.
Two - even if ruled unconstitutional by SC, the NSA will likely ignore them and continue spying anyway.
Live Free or Die Hard...
said by w0g:I agree 100% with that statement. Decisions at high levels of Federal Courts are nothing about what is constitutional or not. It is all about political philosophy. But unless the USSC has a death soon, they will most likely rule in NSA's favor.
I There are two sides raging a battle, each with their own judges in the courts. It comes down to who has the most installed judges..
Re: Spies don't know their ass from their elbow.
said by Mr Matt:One example doesn't make a rule. And failures are public and successes invisible in the spy business.
Spies were certainly ineffective at stopping the Boston Marathon Bombers even after being tipped off by the Russians. Demonstrates the futility of unlimited data collection and incompetence on the part of the spies. There is certainly another motive for monitoring the communications of all American Citizens! Call it Hooverism.
Re: Spies don't know their ass from their elbow.
said by Timothy28:LOL. NSA spying started back with Harry Truman in 1952 and was already wiretapping everything before then. The NSA was preceded by army intelligence and other predecessor agencies all the way back to 1917. »en.wikipedia.org/wiki/National_S···decessor
You do realize his administration started the NSA wiretapping spying we are discussing.
During World War II, first the War Department and later the Office of Censorship monitored "communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country". In 1942 this included the 350,000 overseas cables and telegrams and 25,000 international telephone calls made each week.