NSA phone surveillance program likely unconstitutional, US federal judge rules

A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden.Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was “almost Orwellian” in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be “aghast” at the scope of the agency’s collection of Americans’ communications data.
http://www.theguardian.com/world/2013/dec/16/nsa-phone-surveillance-likely-unconstitutional-judgeAlso see:Judge Questions Legality of N.S.A. Phone Records
A federal district judge ruled on Monday that the National Security Agency program that is systematically keeping records of all Americans’ phone calls most likely violates the Constitution, describing its technology as “almost Orwellian” and suggesting that James Madison would be “aghast” to learn that the government was encroaching on liberty in such a way.The judge, Richard J. Leon of Federal District Court for the District of Columbia, ordered the government to stop collecting data on the personal calls of the two plaintiffs in the case and to destroy the records of their calling history. But Judge Leon, appointed to the bench in 2002 by President George W. Bush, stayed his injunction “in light of the significant national security interests at stake in this case and the novelty of the constitutional issues,” allowing the government time to appeal it, which he said could take at least six months.
www.nytimes.com/2013/12/17/us/politics/federal-judge-rules-against-nsa-phone-data-program.htmlIn Historic Ruling, Federal Judge Declares NSA Mass Phone Surveillance is Likely Unconstitutional
In a historic decision, a federal judge in Washington, D.C. today declared that the NSA’s mass phone records surveillance is likely unconstitutional, ruling that the plaintiff’s data should be purged from the system and prohibiting the NSA from collecting further phone records from the plaintiffs.The case, Klayman v. Obama, undermines the government’s assertions that its bulk surveillance program, which collects virtually every phone record in the United States, is legal. Judge Richard Leon found the “[b]ulk telephony metadata collection and analysis almost certainly does violate a reasonable expectation of privacy,” which, in turn, likely results in a violation of the Fourth Amendment.
https://www.eff.org/deeplinks/2013/12/historic-ruling-federal-judge-declares-nsa-mass-phone-surveillance-likely

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.