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Old 12-16-2013, 04:34 PM  
mikey23545 mikey23545 is online now
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Oh Paaaaat -Judge says NSA spying ‘almost Orwellian,’ likely unconstitutional

In a stinging rebuke to President Barack Obama’s surveillance policies, a federal judge on Monday branded the National Security Agency’s mass collection of Americans’ telephone data “almost Orwellian” and likely a violation of the Constitution.

Appeals Court Judge Richard Leon invoked Founding Father James Madison and the Beatles in a frequently scathing ruling. Leon, appointed by then-President George W. Bush, ordered the government to halt bulk collection of so-called telephony metadata and destroy information already collected through that program. But he suspended his order as the case works its way through the courts.

“I cannot imagine a more ‘indiscriminate’ and ‘abitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval,” Leon wrote.

The judge also dealt a blow to the government’s argument that such surveillance programs — a source of controversy ever since former NSA contractor Edward Snowden revealed their reach in a series of unauthorized disclosures — are necessary to thwarting terrorist plots.

“The Government does not cite a single instance in which analysis of the NSA’s bulk metadata collection actually stopped an imminent attack, or otherwise aided the Government in achieving any objective that was time-sensitive in nature,” he wrote.

Leon said Founding Father James Madison would likely be “aghast” at the NSA’s activities — but also conjured up a Beatles-themed image to rebut the government’s suggestion that it does not collect Verizon metadata.

“To draw an analogy, if the NSA’s program operates the way the Government suggests it does, then omitting Verizon Wireless, AT&T, and Sprint from the collection would be like omitting John, Paul, and George from a historical analysis of the Beatles. A Ringo-only database doesn’t make any sense, and I cannot believe the Government would create, maintain, and so ardently defend such a system,” he wrote in footnote 36 on page 38.

Among Leon’s other flourishes, he warned that the so-called war on terrorism “realistically could be forever!” He expressed concerns about the “almost Orwellian technology that enables the Government to store and analyze the phone metadata of every telephone user in the United States.” And he said modern-day surveillance tactics would have been “the stuff of science fiction” at the time a precedent ruling was issued.

The White House had no immediate response to the ruling.
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Old 12-16-2013, 04:37 PM   #2
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Orwellian... that's pretty strong.
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Old 12-16-2013, 04:49 PM   #3
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Originally Posted by mikey23545 View Post
Among Leon’s other flourishes, he warned that the so-called war on terrorism “realistically could be forever!”
Well...duh.
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Old 12-16-2013, 05:15 PM   #4
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Old 12-16-2013, 05:31 PM   #5
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BUSH STARTED IT!!!!/cosmo
Well, he did. Not relevant?
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Old 12-16-2013, 05:35 PM   #6
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Govt wont slow down a step. The train has left the station and no judge will get data collection stopped
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Old 12-16-2013, 05:37 PM   #7
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Old 12-16-2013, 05:45 PM   #8
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Foolish Judge Ignores Advice of Senators, Says NSA Metadata Collection Is Illegal


Who needs judges when you've got Dianne Feinstein and Saxby Chambliss?


Conservative legal activist Larry Klayman sued to stop the NSA from collecting his metadata, and in district court he's sort of just won the case. Judge Richard Leon, who rules against the program while staying his own injuction (national security reasons, and all that), explains:

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.

Yes, but for months now, members of the House and Senate intel committees have been saying otherwise. Just for starters, soon to be updated:




This is nothing particularly new. This has been going on for seven years under the auspices of the (Foreign Intelligence Surveillance Act) authority and every member of the United States Senate has been advised of this.

- Georgia Sen. Saxby Chambliss, June 6.



These programs, that are authorized by the court by the way, only focused on non-United States persons overseas, that gets lost in this debate, are pieces of the puzzle. And you have to have all of the pieces of the puzzle to try to put it together.

- Michigan Rep. Mike Rogers, June 9.



These programs are legal, transparent and contain the appropriate checks and balances among the executive, legislative and judicial branches of our government.

- New York Rep. Peter King, Aug. 9.




The NSA call-records program is legal and subject to extensive congressional and judicial oversight.

- California Sen. Dianne Feinstein, Oct. 20.



With all the criticism leveled at these programs, it is important that we first not forget that these men and women are doing what we have told them to do, within the confines of the laws we’ve passed, and doing so to keep us safe.

- Maryland Rep. Dutch Ruppersberger, Oct. 30.



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Old 12-16-2013, 05:49 PM   #9
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dems & pubs are bipartisan on the subject of taking away the USC.
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Old 12-16-2013, 05:59 PM   #10
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I bet this gets worked out.
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Old 12-16-2013, 06:01 PM   #11
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I bet this gets worked out.
Just put data collection a a new department. Keep up the good work.
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Old 12-16-2013, 07:00 PM   #12
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Old 12-16-2013, 07:08 PM   #13
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I won't say that I can't believe that this is being allowed to happen. I can. What is surprising is the number of people who were complicit not only in allowing this to happen, but in not making the public aware that it was happening.
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Old 12-16-2013, 11:12 PM   #14
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I bet this gets worked out.
by "worked out" do you mean the civilians of this country are going to work it out? because the Gov't worked this shit out decades ago.
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Old 12-16-2013, 11:15 PM   #15
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by "worked out" do you mean the civilians of this country are going to work it out? because the Gov't worked this shit out decades ago.
I doubt that this court ruling will stop this type of data collection. Either it will be overturned or the program will be modified enough to address some specific concerns, but in the end I think it will essentially continue.
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