U.S. NSA domestic phone spying program illegal: appeals court
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Re: U.S. NSA domestic phone spying program illegal: appeals court
#2Can somebody explain how a constitutional challenge could be dismissed under the pretext of "it was authorized by Congress"? Isn't the whole point of a constitutional challenge to address things illegal things authorized by the government?
Re: U.S. NSA domestic phone spying program illegal: appeals court
#3Pre-Snowden, I wonder if the ruling would have been different. Back then the judges would only know what was presented to them. The government would have obviously presented in a way that was most favorable to them, and their opposition would not have access to crucial evidence.
Now that the cat shit is out of the bag, judges and everyone else have more background to evaluate what's in front of them. The government would still present in a way favorable to them. But a judge would now more fully understand the significance of what's presented to him. We live in the world, and we bring our entire experience to bear when we evaluate.
Thank you Snowden. Fuck you NSA.
Re: U.S. NSA domestic phone spying program illegal: appeals court
#4What does this mean for:
1) the Patriot Act's renewal/new bills to extend/enhance it
2) the USA Freedom Act
Is the USA Freedom Act "compatible" with this decision, or does it allow the NSA to do some things that the Court here has just banned?
Re: U.S. NSA domestic phone spying program illegal: appeals court
#5Can somebody explain how a constitutional challenge could be dismissed under the pretext of "it was authorized by Congress"? Isn't the whole point of a constitutional challenge to address things illegal things authorized by the government?
Seems to me the lawyers would attempt to throw noodles at the wall until something sticks. The "authorized by Congress" noodle stuck to the wall of the lower court. A higher court told them they needed to have cleaned their walls first.
Whether the lower court should have accepted the "authorized by Congress" argument is another matter, but the reason might be that the judge agreed. Or maybe he didn't feel convinced by the challenger's arguments. Or maybe he was having a bad day. I hope it wasn't the latter. Anyway, this is why the appeals system even exists - seems to be working.
Re: U.S. NSA domestic phone spying program illegal: appeals court
#6What does this mean for: 1) the Patriot Act's renewal/new bills to extend/enhance it 2) the USA Freedom Act Is the USA Freedom Act "compatible" with this decision, or does it allow the NSA to do some things that the Court here has just banned?
Essentially nothing, until these cases make their way to the Supreme Court.
Re: U.S. NSA domestic phone spying program illegal: appeals court
#7Can somebody explain how a constitutional challenge could be dismissed under the pretext of "it was authorized by Congress"? Isn't the whole point of a constitutional challenge to address things illegal things authorized by the government?
An action by a federal agency can be constitutionally challenged as being outside of the scope or powers granted to that agency by congress. The constitutional challenge thus would be that the agency is operating outside of the checks and balances system the constitution lays out.
Congress has in the past and can today authorize agencies to do things like collect data on US citizens for national security purposes or public safety purposes.
Re: U.S. NSA domestic phone spying program illegal: appeals court
#8Is it weird that anti-surveillance court rulings don't really make me feel better? If they'd not only lie to Congress, but ACTUALLY SPY ON Congress, what is a judge going to do to stop them?
Re: U.S. NSA domestic phone spying program illegal: appeals court
#9I'm sure the NSA is laughing at the judge and his decision. "How many divisions does he have? Bwa-ha-ha-ha." https://en.wikiquote.org/wiki/Joseph_Stalin
Re: U.S. NSA domestic phone spying program illegal: appeals court
#10What does this mean for: 1) the Patriot Act's renewal/new bills to extend/enhance it 2) the USA Freedom Act Is the USA Freedom Act "compatible" with this decision, or does it allow the NSA to do some things that the Court here has just banned?
more rules specifically allowing this behavior will have to be written into the bills. the specific ruling did not rest on the 4th Amendment but instead what was written into the Patriot Act which means, amend the Patriot Act and its back to court to try for a Constitutional issue