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Judge: NSA spying ‘almost Orwellian,’ likely unconstitutional

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Judge: NSA spying

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. Former NSA contractor Edward Snowden cheered the ruling.

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.
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What case does this ruling apply to?
 
...in other news, water is wet....the sky's blue...the sun's hot...
 
The Supreme Court will ultimately uphold unlimited spying.
 
It will all come down to one basic argument:

"We (the govt) are only collecting this information. We don't actually look at it until we have reasonable cause and seek a warrant."

Which is, of course, contrary to the intent of constitutionally-protected privacy. Taking protected information is when the warrant is needed, not when the NSA dubiously claims they will actually peak into it.

But I'm sure some on the SC will buy the horsesh1t being sold to them. I know a lot of kool-aiders on this board will.
 
Not "almost" IS!
 
I have no confidence in the unaccountable plutocrats running our government. Even if it gets smacked down as totally unconstitutional (it won't) they're still gonna be putting cameras up our asses and just not tell us about it.
 
Any chance the "PATRIOT" act being removed in the future then?
 
ttwtt78640 said:
What case does this ruling apply to?
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This case applies to the NSA collecting telephone co metadata (Number called, number called from, time, names, and etc.) on every phone call made in the USA.

Don't hold your breath waiting for this ruling to actually go into effect.

This ruling will be fought all of the way to the Supreme Court and maybe farther.
 
Judge: NSA spying ‘almost Orwellian,’ likely unconstitutional
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Almost?
 
shrubnose said:
This case applies to the NSA collecting telephone co metadata (Number called, number called from, time, names, and etc.) on every phone call made in the USA.

Don't hold your breath waiting for this ruling to actually go into effect.

This ruling will be fought all of the way to the Supreme Court and maybe farther.
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That doesn't help much. I was looking for something along the lines of J. Q. Public v NSA. I am interested in how one could obtain the ever elusive "standing" that seems to be required to get a case into a federal court.
 
shrubnose said:
This case applies to the NSA collecting telephone co metadata (Number called, number called from, time, names, and etc.) on every phone call made in the USA.

Don't hold your breath waiting for this ruling to actually go into effect.

This ruling will be fought all of the way to the Supreme Court and maybe farther.
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I can't imagine anything other than this happening (which doesn't mean this ruling fails in the end) but, this ruling is still a good day. We have a judge who recognizes things for what they are.
 
ChunkySalsa said:
I have no confidence in the unaccountable plutocrats running our government. Even if it gets smacked down as totally unconstitutional (it won't) they're still gonna be putting cameras up our asses and just not tell us about it.
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lol..exactly.

Still collecting phone logs is a grey area, not confident this really is a general warrant (prohibited), as it is more of just monitoring the numbers.

Think of cops being able to follow anyone they want to in public. Not wiretapping, nothing intrusive, just following.

I admire/want the 4th enforced to preserve privacy, but using a public telecom - much like being on a public street -
do you really have expectations of privacy?
 
DDD said:
Any chance the "PATRIOT" act being removed in the future then?
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Highly unlikely since the vast majority of the law is perfectly sound constitutionally speaking; lest you're also attempting to throw out FISA and Title III of the Omnibus Crime Control and Safe Street Acts of 1968 which form the backbone of our survellience laws and to which PATRIOT largely buildgs upon and amends. The more likely scenario to happen with regards to the courts is exactly what's been occuring for the past deacde...individual provisions and sections of PATRIOT being reviewed in court and stricken .
 
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Montecresto said:
I can't imagine anything other than this happening (which doesn't mean this ruling fails in the end) but, this ruling is still a good day.
We have a judge who recognizes things for what they are.
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Correct.

But what real power does this judge have to enforce any ruling that he issues?

The Obama administration has the Justice Department, the U. S. Military and other resources, the judge has his mouth.

Looks like a pretty uneven match to me.

I predict that this judge will accomplish nothing and the NSA will keep spying on every U.S. citizen.
 
shrubnose said:
Correct.

But what real power does this judge have to enforce any ruling that he issues?

The Obama administration has the Justice Department, the U. S. Military and other resources, the judge has his mouth.

Looks like a pretty uneven match to me.

I predict that this judge will accomplish nothing and the NSA will keep spying on every U.S. citizen.
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Oh yeah, again I agree with you and so apparently would many other posters with regards to the NSA continuing their belligerence in spite of this judges ruling. That however does not diminish my appreciation for this judges ruling.
 
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Montecresto said:
Oh yeah, again I agree with you and so apparently would many other posters with regards to the NSA continuing their belligerence in spite of this judges ruling. That however does not diminish my appreciation for this judges ruling
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I agree, the man has done the right thing, even if ultimately it has no effect on the NSA's unconstitutional activity.
 
Ikari said:
Of course it is, but what's going to happen? Government loves its own powers, it's not going to restrict itself.
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true. Not by the FISCourt, at least. This should wind up on SCOTUS's calender, if there is any sense to the Appellate system.

Time for the Supremes to rule on this, and not rely on 1979 decisions. Snowden did us all a favor whatever happens.
This needs to be under (newer) Constitutional review.
 
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