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Newsjock

(11,733 posts)
Mon Dec 16, 2013, 02:55 PM Dec 2013

Judge: NSA phone program likely unconstitutional

Source: Politico

A federal judge ruled Monday that the National Security Agency program which collects information on nearly all telephone calls made to, from or within the United States is likely to be unconstitutional.

U.S. District Court Judge Richard Leon found that the program appears to run afoul of the Fourth Amendment prohibition on unreasonable searches and seizures. He also said the Justice Department had failed to demonstrate that collecting the so-called metadata had helped to head off terrorist attacks.

Acting on a lawsuit brought by conservative legal activist Larry Klayman, Leon issued a preliminary injunction barring the NSA from collecting metadata pertaining to the Verizon accounts of Klayman and one of his clients. However, the judge stayed the order to allow for an appeal.

“Plaintiffs have a very significant expectation of privacy in an aggregated collection of their telephone metadata covering the last five years, and the NSA’s Bulk Telephony Metadata Program significantly intrudes on that expectation,” wrote Leon, an appointee of President George W. Bush. “I have significant doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.”

Read more: http://www.politico.com/story/2013/12/national-security-agency-phones-judge-101203.html

16 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judge: NSA phone program likely unconstitutional (Original Post) Newsjock Dec 2013 OP
This judge has actually read the Constitution.... Swede Atlanta Dec 2013 #1
I count at least six Supremes. OnyxCollie Dec 2013 #3
He says there was no judicial approval for metadata collection Cali_Democrat Dec 2013 #2
Since the scotus decision in Lee v Maryland 1979 metadata collection hasn't even needed a warrant. okaawhatever Dec 2013 #5
Larry Klayman is batshit crazy cosmicone Dec 2013 #4
ACLU has filed similar case: Hissyspit Dec 2013 #9
Good! Joe Biden agrees!!! bvar22 Dec 2013 #6
+1 hueymahl Dec 2013 #8
For obvious reasons... Indi Guy Dec 2013 #7
"Lengthy opinion filled with blistering criticism"... riderinthestorm Dec 2013 #10
Not a fan of Larry Klayman. politichew Dec 2013 #11
They say a broken clock is right twice a day anti partisan Dec 2013 #13
True, but I don't believe for a second he's motivated by constitutional rights. nt politichew Dec 2013 #14
They also say useful idiots are anti partisan Dec 2013 #15
It was Klayman who managed to get Cheney's maps of Iraqi oil fields from before we invaded PSPS Dec 2013 #16
knr Douglas Carpenter Dec 2013 #12
 

Swede Atlanta

(3,596 posts)
1. This judge has actually read the Constitution....
Mon Dec 16, 2013, 03:00 PM
Dec 2013

don't expect the Supremes (at least 5 of them) to have done anything more than wiped their behinds with copies of our cherished Constitution.

They will side with the fascists in power and the monied corporate interests to continue these invasive practices.

 

OnyxCollie

(9,958 posts)
3. I count at least six Supremes.
Mon Dec 16, 2013, 03:05 PM
Dec 2013

The Rule of Four means four Justices must be willing to hear a case.

Supreme Court Lets Stand Telecom Immunity In Wiretap Case
http://www.democraticunderground.com/?com=view_post&forum=1014&pid=260709
Source: Associated Press

WASHINGTON (AP) -- The Supreme Court is leaving in place a federal law that gives telecommunications companies legal immunity for helping the government with its email and telephone eavesdropping program.

The justices said Tuesday they will not review a court ruling that upheld the 2008 law against challenges brought by privacy and civil liberties advocates on behalf of the companies' customers. The companies include AT&T, Inc., Sprint Nextel Corp. and Verizon Communications Inc.

Lawsuits filed by the American Civil Liberties Union and Electronic Frontier Foundation accused the companies of violating the law and customers' privacy through collaboration with the National Security Agency on intelligence gathering.

Read more: http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_WARRANTLESS_WIRETAPPING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2012-10-09-09-58-20

 

Cali_Democrat

(30,439 posts)
2. He says there was no judicial approval for metadata collection
Mon Dec 16, 2013, 03:04 PM
Dec 2013

I thought the metadata collection was approved via warrant signed by a FISA judge?

Maybe I'm wrong.

okaawhatever

(9,462 posts)
5. Since the scotus decision in Lee v Maryland 1979 metadata collection hasn't even needed a warrant.
Mon Dec 16, 2013, 04:02 PM
Dec 2013

With internet communication a warrant is needed when trying to get identifying information. Ditto listening to the actual phone calls, as opposed to just collecting the phone numbers, time called and length of call (metadata).

bvar22

(39,909 posts)
6. Good! Joe Biden agrees!!!
Mon Dec 16, 2013, 04:18 PM
Dec 2013

.
.
.
.
[font size=1]Oops.
My Bad.
That was 2006 Joe Biden.
Its OK when Democrats do it.
Please ignore my post.
[/font]

anti partisan

(429 posts)
15. They also say useful idiots are
Mon Dec 16, 2013, 08:02 PM
Dec 2013

Useful.

He'd be more silent than Marcel Marceau if it were the GOP in charge.

PSPS

(13,609 posts)
16. It was Klayman who managed to get Cheney's maps of Iraqi oil fields from before we invaded
Tue Dec 17, 2013, 01:51 AM
Dec 2013

They were all marked up showing which oil company would get which field.

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