02-19-2017  3:19 pm      •     
Data collection

WASHINGTON (AP) — A federal judge made headlines Monday by declaring that the National Security Agency's bulk collection of millions of Americans' telephone records is likely unconstitutional. But even he realized his won't be the last word on the issue.

U.S. District Court Judge Richard Leon put his decision to grant an injunction against the NSA on ice, predicting a government appeal would take at least six months. He said he was staying the ruling pending appeal “in light of the significant national security interests at stake in this case and the novelty of the constitutional issues.”

Even after the appeals court rules, the Supreme Court will probably have the last word.

Wyden: Bulk Phone Data Collection Intrusive

Sen. Ron Wyden, is the leading voice in Congress for increasing transparency and accountability in U.S. intelligence gathering services. Wyden said the bulk gathering of Americans phone records is unnecessary and a poor way to identify terrorists.
“Judge Leon’s ruling hits the nail on the head,” he said in his statement.  “ It makes clear that bulk phone records collection is intrusive digital surveillance and not simply inoffensive data collection as some have said. The court noted that this metadata can be used for ‘repetitive, surreptitious surveillance of a citizen’s private goings on,’ that creates a mosaic of personal information and is likely unconstitutional. This ruling dismisses the use of an outdated Supreme Court decision affecting rotary phones as a defense for the technologically advanced collection of millions of Americans’ records. It clearly underscores the need to adopt meaningful surveillance reforms that prohibit the bulk collection of Americans’ records.
“Significantly, the judge also noted that he had ‘serious doubts about the efficacy of the program.’  The reason that he and many others have these doubts is that the executive branch’s claims about this program’s effectiveness are now crumbling under public scrutiny.  Protecting the country from terrorism is obviously vitally important but the government can do this without collecting the phone records of massive numbers of law-abiding men, women and children.”

Judges Disagree on Privacy

Stephen Vladeck, a national security law expert at the American University law school said the ruling challenges the prevailing view in intelligence circles.

“This is the opening salvo in a very long story, but it's important symbolically in dispelling the invincibility of the metadata program,” he said.

Vladeck said 15 judges on the Foreign Intelligence Surveillance Court have examined Section 215 of the USA Patriot Act, the provision of law under which the data collection takes place, without finding constitutional problems. “There's a disconnect between the 15 judges on the FISA court who seem to think it's a no-brainer that Section 215 is constitutional, and Judge Leon, who seems to think otherwise.”

Vladeck said there is a long road of court tests ahead for both sides in this dispute and said a higher courtultimately could avoid ruling on the big constitutional issue identified by Leon. “There are five or six different issues in these cases,” Vladeck said.

Will Decision be Overturned?

Robert F. Turner, a professor at the University of Virginia's Center for National Security Law, predicted Leon's decision was highly likely to be reversed on appeal. He said the collection of telephone metadata — the issue in Monday's ruling — already has been addressed and resolved by the Supreme Court.

In his ruling, Leon granted a preliminary injunction against the collecting of the phone records of two men who had challenged the program, and said any such records for the men should be destroyed. The plaintiffs are Larry Klayman, a conservative lawyer, and Charles Strange, the father of a cryptologist technician who was killed in Afghanistan when his helicopter was shot down in 2011. The son worked for the NSA and support personnel for Navy SEAL Team VI.

Leon, an appointee of President George W. Bush, ruled that the two men “have a substantial likelihood of showing” that their privacy interests outweigh the government's interest in collecting the data “and therefore the NSA's bulk collection program is indeed an unreasonable search under the Constitution's Fourth Amendment.”

“I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware 'the abridgment of freedom of the people by gradual and silent encroachments by those in power,' would be aghast,” he declared.

Administration Defends Surveillance of Citizens

In addition to civil liberties critics, big communications companies are unhappy with the NSA program, concerned about a loss of business from major clients who are worried about government snooping. President Barack Obama will meet Tuesday with executives from leading technology companies. The meeting was previously scheduled, but the NSA program is sure to be on the agenda, and now the court ruling will be in the mix.

The Obama administration has defended the program as a crucial tool against terrorism.

But in his 68-page, heavily footnoted opinion, Leon concluded that the government didn't cite a single instance in which the program “actually stopped an imminent terrorist attack.”

“I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism,” he added.

Former NSA Director Michael Hayden challenged Leon's conclusion.

“If part of his constitutional ruling is the intelligence utility of the program, he's not in a good position to judge that,” Hayden said in an interview. “He makes a judgment that the government was not able to show that this stopped an imminent terrorist attack. That's not the only metric,” as metadata also helps intelligence analysts understand their adversaries and track their networks and behavior.

Hayden also downplayed the potential impact of the ruling, saying it seemed to apply only to this one case, rather than setting a legal precedent that would affect NSA operations.

The injunction applies only to the two individual plaintiffs, but it's likely to open the door to much broader challenges to the records collection and storage.

Snowden Revealed Extent of Spying on U.S. Citizens

The collection program was disclosed by former NSA systems analyst Edward Snowden, provoking a heated national and international debate. Snowden, in a statement sent to reporter Glenn Greenwald and obtained by The Associated Press, said: “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge and that the American public deserved a chance to see these issues determined by open courts. Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans' rights. It is the first of many.”

Klayman said in a telephone interview that it was a big day for the country.

“Obviously it's a great ruling and a correct ruling, and the first time that in a long time that a court has stepped in to prevent the tyranny of the other two branches of government,” he said.

Andrew C. Ames, a spokesman for the Justice Department's National Security Division, said in a statement, “We've seen the opinion and are studying it. We believe the program is constitutional as previous judges have found. We have no further comment at this time.”

The government has argued that under a 1979 Supreme Court ruling, Smith v. Maryland, no one has an expectation of privacy in the telephone data that phone companies keep as business records. In that ruling, the high court rejected the claim that police needed a warrant to obtain such records.

But Leon said that was a “far cry” from the issue in this case.

“The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived of in 1979,” he wrote.

Associated Press writers Mark Sherman, Pete Yost, Nedra Pickler and Kimberly Dozier in Washington 

Recently Published by The Skanner News

  • Default
  • Title
  • Date
  • Random
  • WASHINGTON (AP) — One month after the inauguration, the stretch of Pennsylvania Avenue in front of Donald Trump's White House still is a hard-hat zone. Skeletal remains of the inaugural reviewing stands poke skyward. Random piles of plywood and cables are heaped on the ground inside crooked lines of metal fencing. The disarray outside the president's front door, though not his fault, serves as a metaphor for the tumult still unfolding inside. Four weeks in, the man who says he inherited "a mess" at home and abroad is presiding over a White House that is widely described as itself being a mess. At a stunning pace, Trump has riled world leaders and frustrated allies. He was dealt a bruising legal blow on one of his signature policies. He lost his national security adviser and his pick for labor secretary to scandal. He's seen forces within his government push back against his policies and leak confidential information. All of this has played out amid a steady drip of revelations about an FBI investigation into his campaign's contacts with Russian intelligence officials. Trump says his administration is running like a "fine-tuned machine." He points to the rising stock market and the devotion of his still-loyal supporters as evidence that all is well, although his job approval rating is much lower than that for prior presidents in their first weeks in office. Stung by the unrelenting criticism coming his way, Trump dismisses much of it as "fake news" delivered by "the enemy of the people" — aka the press. Daily denunciations of the media are just one of the new White House fixtures Americans are adjusting to. Most days start (and end) with presidential tweets riffing off of whatever's on TV talk shows or teasing coming events or hurling insults at the media. At some point in the day, count on Trump to cast back to the marvels of his upset of Democrat Hillary Clinton in the November election and quite possibly overstate his margins of support. Expect more denunciations of the "dishonest" press and its "fake news." From there, things can veer in unexpected directions as Trump offers up policy pronouncements or offhand remarks that leave even White House aides struggling to interpret them. The long-standing U.S. policy of seeking a two-state solution to the Israeli-Palestinian conflict? Trump this past week offered this cryptic pronouncement: "I'm looking at two-state and one-state, and I like the one that both parties like. I can live with either one." His U.N. ambassador, Nikki Haley, the next day insisted, "We absolutely support a two-state solution." Trump's days are busy. Outside groups troop in for "listening sessions." Foreign leaders call or come to visit. (Or, in the case of Mexico's president, cancel out in pique over Trump's talk about the planned border wall.) After the president signed two dozen executive actions, the White House was awaiting a rush order of more of the gold-plated Cross pens that Trump prefers to the chrome-plated ones used by his predecessor. Trump hands them out as souvenirs at the signing ceremonies that he points to as evidence of his ambitious pace. "This last month has represented an unprecedented degree of action on behalf of the great citizens of our country," Trump said at a Thursday news conference. "Again, I say it. There has never been a presidency that's done so much in such a short period of time." That's all music to the ears of his followers, who sent him to Washington to upend the established order and play the role of disrupter. "I can't believe there's actually a politician doing what he says he would do," says an approving Scott Hiltgen, a 66-year-old office furniture sales broker from River Falls, Wisconsin. "That never happens." Disrupt Trump has. But there may be more sound and fury than substance to many of his early actions. Trump did select Judge Neil Gorsuch to replace the late Antonin Scalia on the Supreme Court, a nomination that has drawn strong reviews from conservatives. But the president is regrouping on immigration after federal judges blocked his order to suspend the United States' refugee program and ban visitors from seven Muslim-majority countries, which had caused chaos for travelers around the globe. Some other orders on issues such as the U.S.-Mexico border wall and former President Barack Obama's health care law are of limited effect. Trump says his early actions show he means to deliver on the promises he made during the campaign. "A lot of people say, 'Oh, oh, Trump was only kidding with the wall,'" the president told a group of police chiefs recently. "I wasn't kidding. I don't kid." But the Republican-led Congress is still waiting to see specifics on how Trump wants to proceed legislatively on top initiatives such as replacing the health care law, enacting tax cuts and revising trade deals. The messy rollout of the travel ban and tumult over the ouster of national security adviser Michael Flynn for misrepresenting his contacts with Russia are part of a broader state of disarray as different figures in Trump's White House jockey for power and leaks reveal internal discord in the machinations of the presidency. "I thought by now you'd at least hear the outlines of domestic legislation like tax cuts," says Princeton historian Julian Zelizer. "But a lot of that has slowed. Trump shouldn't mistake the fact that some of his supporters like his style with the fact that a lot of Republicans just want the policies he promised them. He has to deliver that." Put Senate Majority Leader Mitch McConnell, R-Ky., in the camp of those more interested in substance than style. "I'm not a great fan of daily tweets," McConnell said Friday, referring to the "extra discussion" that Trump likes to engage in. But McConnell was quick to add: "What I am a fan of is what he's been actually doing." He credits Trump with assembling a conservative Cabinet and taking steps to reduce government regulation, and promised: "We like his positions and we're going to pursue them as vigorously as we can." The challenge may be to tease out exactly what Trump wants in the way of a health care plan, tax changes and trade policy. At his long and defiant news conference on Thursday, Trump tried to dispel the impression of a White House in crisis, squarely blaming the press for keeping him from moving forward more decisively on his agenda. Pointing to his chief of staff, Reince Priebus, Trump said, "You take a look at Reince, he's working so hard just putting out fires that are fake fires. I mean, they're fake. They're not true. And isn't that a shame because he'd rather be working on health care, he'd rather be working on tax reform." For all the frustrations of his early days as president, Trump still seems tickled by the trappings of his office. When New Jersey Gov. Chris Christie visited the White House last week to discuss the national opioid epidemic over lunch, the governor said Trump informed him: "Chris, you and I are going to have the meatloaf.'" Trump added: "I'm telling you, the meatloaf is fabulous." ___Follow Nancy Benac on Twitter at http://twitter.com/nbenac
    Read More
  • FDR executive order sent 120,000 Japanese immigrants and citizens into camps
    Read More
  • Pruitt's nomination was strongly opposed by environmental groups and hundreds of former EPA employees
    Read More
load morehold SHIFT key to load allload all
Carpentry Professionals
Calendar

PHOTO GALLERY

Reed College Jobs
His Eye is on the Sparrow