Judge Deals Blow to NSA Phone Data Program

Fox News ^ | December 16, 2013 | Staff

[Don Corleone]

So what is going to stop them? Who is going to say/prove they have stopped?

[Boogieman]

“Maybe this judge hasn’t yet heard of the ruling power elite’s FISA court.”

The FISA court has never ruled on this “metadata” collection, because the NSA and the Executive branch have never bothered to request authorization for the program from the court.

[backwoods-engineer]

Boy, the libs were all down with "privacy" when it came to abortion and homosex. But Obamanation snarfing every email, every phone call, every web click, every face on every surveillance camera, and strangely, the cries of "my bedroom" and "my body" have gone silent.

I guess it was a price they were willing to pay to get the 'teabaggers'.

Maybe something will happen with this Federal case. Maybe not. But this stuff has to stop, one way or another.

[drypowder]

Never ruled on it?? Educate me if you will. Didn’t those in the FISA court help the congress write the rules for the new and improved NSA? Isn’t the FISA court under congressional authority to over see the NSA thus bypassing any Federal Court? Why then would there be reason for the FISA court to rule on anything the NSA does? My point is that the FISA court is the real controlling entity and is in itself unconstitutional. Is that not accurate?

[TurboZamboni]

Just put a “everything you do with this phone is public knowledge” label on all the phones.

kinda like "implied consent" laws to drive on any road you paid for?

"you have to take this breathalyzer or you're admitting guilt of DUI"

[mrsmith]

Not appropos IMO.

The rationale for collecting metadata comes from letters- what is on the envelope is not private- it can’t be.
I guess you could say that using the postal system requires ones implied consent to look at the envelope but it’s more of an expressed concent.

The courts have come up with “an expectation of privacy” as a standard.

[Bobalu]

Since they will just flout any law only a technological solution is possible.

[freedomfiter2]

That makes every single NSA employee that had knowledge of this practice but kept their mouth shut, an enemy of America that should be prosecuted for their part in a high crime.

[Boogieman]

“Didn’t those in the FISA court help the congress write the rules for the new and improved NSA? Isn’t the FISA court under congressional authority to over see the NSA thus bypassing any Federal Court? Why then would there be reason for the FISA court to rule on anything the NSA does?”

Set aside the matter of whether the FISA court is a legit court for a moment (you may be right on that, but it’s tangential to my point). Even if they were legit, they cannot authorize a program that they don’t know about, and they can only know about a program if the NSA seeks their authorization.

The NSA never bothered to do that with their metadata program. They have just operated under the assumption that it doesn’t constitute a search, and therefore required no authorization. Then, they did everything they could to avoid any court, FISA or otherwise, from getting an opportunity to make a ruling to the contrary. They have invoked “national security” to toss out cases which would have prompted this question when they came up in non-FISA courts.

[drypowder]

Thanks, that makes sense and at risk of my saying something you already know, unfortunately expos-facto accountability is only exacted from those with the power and we know how this admin does business. I can guess how this is going to play out but I do commend the judge for at least trying. Then there is always the ole National Security ploy, invariably proclaimed as a last resort to further burry their illegal activity. Doesn’t leave the people with many options, does it.

[Some Fat Guy in L.A.]

So the NSA will dig up the judge’s phone records and he will magically reverse himself.

[Boogieman]

As long as Obama has that national security trump card, he can avoid the courts interfering, most likely. The only chance to rein in these agencies is through Congress enacting legislation, but that can be hard to enforce with agencies that seem to comply with the laws on the “honor system”.

[TurboZamboni]

The gubmint is free to listen to your phone calls and read your emails ...since these were not around at the time the 4th Amendment was incorporated. (wearing my leftard hat)

And apparently that’s how The Regime reads it:

Justice Department Expands Hunt for Data on Cellphones
http://bits.blogs.nytimes.com/2012/11/26/justice-department-expands-hunt-for-data-on-cellphones/

Obama’s NSA eavesdropping goes beyond that of Bush... after campaigning on the promise of: “ No warrantless wiretaps if you elect me!”

http://news.cnet.com/8301-10784_3-9845595-7.html

headlines read:” NSA Exceeds Legal Limits In Eavesdropping Program” , “ U.S. phone intercepts go beyond legal limits” , and “NSA Found Improperly Spying on Americans”.

http://online.wsj.com/article/SB123985123667923961.html?mod=googlenews_wsj

http://uk.reuters.com/article/burningIssues/idUKTRE53F09820090416

http://www.foxnews.com/politics/2009/04/15/justice-dept-nsa-improperly-spied-americans/