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May 08 2015

NSA Bulk Phone Data Mining Illegal

A federal court ion New York has ruled that the National Security Agency’s mass phone data collection under the Patriot Act is illegal.

Ruling on a program revealed by former government security contractor Edward Snowden, the 2nd U.S. Circuit Court of Appeals in Manhattan said the Patriot Act did not authorize the National Security Agency to collect Americans’ calling records in bulk.

Circuit Judge Gerard Lynch wrote for a three-judge panel that Section 215, which addresses the FBI’s ability to gather business records, could not be interpreted to have permitted the NSA to collect a “staggering” amount of phone records, contrary to claims by the Bush and Obama administrations.

The 2nd U.S. Circuit Court of Appeals in Manhattan held back from saying it was unconstitutional, nor did it order a halt to the program which expires on June 1.

The ruling has sparked concern by the Department of Justice. Newly appointed Attorney General Loretta Lynch said that the DOJ was reviewing the decision calling it “vital tool in our national security.” One more reason this woman is unfit for AG.

The Senate has decided to delay its consideration of the long term renewal of the Patriot Act.

Now, with the relevant section of the Patriot Act due to expire at the end of the month, Republican leaders in Congress are scrambling to find a shorter-term fix to keep the programme alive as it looks likely that the court ruling will prevent them from securing the necessary votes for a full extension in the remaining six days of this legislative session. [..]

One option would be a one-month extension to get Congress past the 1 June deadline in exchange for Republicans allowing an alternative vote on the USA Freedom Act – a reform bill designed to replace NSA collection of telephone metadata with a scheme involving data retention by telephone companies instead.

But newly emboldened Democrats angrily denied rumours that they had agreed to such a deal on Thursday. [..]

Many of those in favour of reform believe their best chance of forcing the Republican leader Mitch McConnell into allowing a vote on the Freedom Act is the prospect of him failing to pass anything and forcing the NSA to totally shutdown the controversial programme first revealed by Edward Snowden.

Such a scenario would be preferable to many privacy campaigners, such as the American Civil Liberties Union, which originally lodged Thursday’s court challenge.

But even a full reauthorisation of the Patriot Act would now require supreme court approval to be effective, argue campaigners.

Last week the House appeared ready to pass the U.S.A. Freedom Act which would end the collection of metadata, a mere band-aid on the problem. It would still allow the N.S.A.’s ability to analyze links between callers to hunt for terrorists, but keep the bulk records in the hands of phone companies, which could dispose of them after 18 months. The N.S.A. currently stores them for five years. With the court ruling, that may no longer be an option.

Needless to say this has the neo-con fear mongers scrambling

A spokesman for McConnell’s office insisted he continued to back the Patriot Act renewal and pointed to support for its use by judges in the Foreign Intelligence Surveillance Act (Fisa) courts that were designed to deal with such questions. “All the other courts, the Fisa courts, have ruled the other way,” he said.

“I think it’s very unfortunate,” the Arizona senator John McCain, a Republican, also told the Guardian. “I’m very concerned and it’s my understanding other courts have ruled otherwise.”

The problem with the argument about the “other Courts” is that the court they are talking about FISA has questionable constitutionality since it doesn’t fit the Article III and Fourth Amendment requirements.

And let us not forget 9/11

Lindsey Graham, the Republican senator from South Carolina and an ardent supporter of the NSA, invoked the attacks on September 11 to emphasise the importance of the surveillance programmes.

“I’ve got one goal: if you need to reform the programme, great, I just don’t want to gut it,” Graham told the Guardian. “I would continue until someone told me to stop. I believe if the programme were in operation before 9/11, we probably would have prevented 9/11.”

Graham added that he found it hard to believe lawmakers would diminish the programme, given the current national security climate, “based on a court ruling that’s not binding”.

On other thing that the ruling inadvertently did was vindicated whistleblower Edward Snowden whose leak of the NSA program prompted to public discussion and legal challenges.

The ruling was discussed by Senator Ron Wyden (D-OR) and The Intercept journalist Glenn Grenwald on MSNBC’s “Now” host Alex Wagner.

What Charlie Pierce said

(T)he program has now faced the clear light of an open court and it has been judged in its operation to be at best a baroque overreach and, at worst, un-American. This debate always has been better conducted in the open. This is the case with almost any debate, but especially those that arise under the tremulous camouflage of National Security. If I thought courage was as contagious as fear, I’d be more optimistic. And, again, I point out that all this ever was about was what kind of government we would be willing to tolerate and still maintain our identity as a constitutional self-governing Republic, and that none of this happens without the intervention of Edward Snowden, International Man Of Luggage, and Glenn Greenwald, who is simply Not One Of Us.

1 comment

  1. TMC

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