06-19-2018  1:22 am      •     
The Skanner Report
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NEWS BRIEFS

Unite Oregon Hosts ‘Mourn Pray Love, and Take Action’ June 20

Community is invited to gather at Terry Schrunk Plaza at 6 p.m. on World Refugee Day ...

MRG Foundation Announces Spring 2018 Grantees

Recipients include Oregon DACA Coalition, Kúkátónón Children’s African Dance Troupe, Komemma Cultural Protection Association ...

CareOregon Awards $250,000 for Housing Projects

Recipients include Rogue Retreat, Bridges to Change, Luke Dorf, Transition Projects and Bridge Meadows ...

The Honorable Willie L. Brown to Receive NAACP Spingarn Medal

The award recognizes Brown’s lifelong commitment to the community, equality and civil rights ...

Watching Oprah: The Oprah Winfrey Show and American Culture

New Smithsonian exhibit looks at how Oprah Winfrey shaped American culture and vice versa ...

Prosecutor: Oregon man justified in shooting near hotel

BEND, Ore. (AP) — A heavy equipment operator was legally justified when he shot and wounded a knife-wielding man last month outside an Oregon hotel, a prosecutor said Monday.However, Robert Garris was foolish to appoint himself "sheriff of the Days Inn" and initiate a confrontation with the...

Some forest trails remain closed long after 2017 wildfire

IDANHA, Ore. (AP) — Some trails in Oregon's Willamette National Forest remain closed because of damage from a wildfire that scorched the area last year.The Whitewater Trail into the Jefferson Park area remains closed. Other trails, including some in the Fall Creek area near Eugene, also are...

Spokane man convicted in 2015 deadly shooting

MOSES LAKE, Wash. (AP) — A Spokane man has been convicted of killing a Moses Lake teenager during a 2015 robbery attempt.The Columbia Basin Herald reports Jeremiah Smith was found guilty of first-degree murder, first-degree burglary, first-degree assault and first-degree unlawful possession...

Police seize 2,500 marijuana plants from 6 Tacoma homes

TACOMA, Wash. (AP) — Authorities say eight people have been arrested after police searched six Tacoma houses connected to an illegal marijuana growing operation.The News Tribune reports authorities seized at least 2,500 marijuana plants from the properties that police searched Monday...

OPINION

What Happened? Assessing the Singapore Summit

For all its weaknesses, we are better off having had the summit than not ...

Redlining Settlement Fails to Provide Strong Penalties

A recent settlement of a federal redlining lawsuit is yet another sign that justice is still being denied ...

5 Lessons on Peace I Learned from My Cat Soleil

Dr. Jasmine Streeter takes some cues on comfort from her cat ...

Research Suggests Suicides By Racial and Ethnic Minorities are Undercounted

Sociologist Dr. Kimya Dennis describes barriers to culturally-specific suicide research and treatment ...

AFRICAN AMERICANS IN THE NEWS

Border separations ripple through midterm campaigns

Wrenching scenes of migrant children being separated from their parents at the southern border are roiling campaigns ahead of midterm elections, emboldening Democrats on the often-fraught issue of immigration while forcing an increasing number of Republicans to break from President Donald Trump on...

City where many slaves entered US to apologize for slavery

CHARLESTON, S.C. (AP) — The South Carolina city where almost half of all the slaves brought to the United States first set foot on American soil is ready to apologize for its role in the slave trade.The resolution expected to be passed by the Charleston City Council on Tuesday offers a...

School honoring Confederate general to be renamed for Obama

RICHMOND, Va. (AP) — A Virginia city is rebranding its only school named after a Confederate general to honor the United States' first black president.The Richmond Times-Dispatch reports the Richmond School Board voted 6-1 Monday to rename J.E.B. Stuart Elementary School to Barack Obama...

ENTERTAINMENT

List of winners from the 2018 MTV Movie & TV Awards

SANTA MONICA, Calif. (AP) — Winners of the MTV Movie & TV Awards, presented Saturday at Barker Hanger in Santa Monica, California:Movie of the year: "Black Panther"Actor in a Movie: Chadwick Boseman, "Black Panther"Show of the Year: "Stranger Things"Actor in a Show: Millie Bobby Brown,...

In 'Jurassic World,' a dino-sized animal-rights parable

NEW YORK (AP) — The dinosaurs of "Jurassic Park" are many things. They are special-effects wonders. They are unruly house guests. And they are some of the biggest, most foot-stomping metaphors around.Since Steven Spielberg's 1993 original, the dinos of "Jurassic Park" — many of them...

Immigration detention policy becomes major issue in media

NEW YORK (AP) — In a phone conversation with her executive producer over the weekend, "CBS This Morning" anchor Gayle King wondered if there wasn't more the network could do on the story of children being separated from parents through the Trump administration's "zero tolerance" immigration...

U.S. & WORLD NEWS

On a big night for 'Panther,' Boseman honors real-life hero

SANTA MONICA, Calif. (AP) — The MTV Movie & TV Awards gave "Black Panther" its first taste of awards...

US could back 1st pot-derived medicine, and some are worried

COLORADO SPRINGS, Colo. (AP) — A British pharmaceutical company is getting closer to a decision on whether...

Looking for signs of global warming? It's all around you

GOTHIC, Colo. (AP) — David Inouye is an accidental climate scientist.More than 40 years ago, the University...

Engine catches fire on plane with Saudi WCup team, none hurt

MOSCOW (AP) — Officials say an engine of a Russian plane carrying the Saudi Arabian soccer team to a World...

3 men die of 6 wounded in southern Sweden drive-by shooting

COPENHAGEN, Denmark (AP) — Three of the six men who were injured in a drive-by shooting in the center of...

In Mexico, longtime foes 'AMLO' and elite getting pragmatic

MEXICO CITY (AP) — On the campaign trail, presidential front-runner Andres Manuel Lopez Obrador has railed...

Sen. Ron Wyden
Ken Dilanian, AP Intelligence Writer

WASHINGTON (AP) — A federal appeals court has declared illegal the National Security Agency program that collects data on the landline telephone records of nearly every American. The ruling Thursday, the first of its kind by an appeals court, comes as Congress considers whether to continue, end or overhaul the program before June 1, when the legal provisions authorizing it expire.

Five things to know about the court ruling, the program and the congressional debate about where to go from here:

NOT-SO-SECRET SURVEILLANCE PROGRAM

At issue is an NSA program that for years has been collecting and storing data on American phone calls — a closely held secret until it was leaked by former NSA systems administrator Edward Snowden in 2013. The NSA collects information on the number called and date and time of the call, and stores it in a database that it queries using phone numbers associated with terrorists overseas. Officials say they don't use the data for any other purpose.

The idea is to hunt for hidden domestic terrorists akin to the hijackers who carried out the 9/11 attacks. But the program has not been particularly valuable as a counter-terrorism tool, and is becoming less so, since, for technical and bureaucratic reasons, the NSA has not been gathering the data on most mobile calls.

DEMOCRATIC APPOINTEES AGREE

A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan ruled that the practice was not legally justified under the law its creators cited to implement it, Section 215 of the USA Patriot Act. In a unanimous ruling written by Judge Gerard Lynch, the court held that Section 215 "does not authorize the telephone metadata program," despite years of secret legal rulings by an intelligence court that it could.

The appeals court rejected an argument that since the law allows the government to seize records relevant to a terrorism investigation, it was sufficient to declare all the country's phone records relevant. The ruling, however, allows the program to continue, since the provisions expire June 1 and Congress is debating their future.

All three of the 2nd Circuit judges are Democratic appointees.

CONSTITUTIONAL ISSUE UNRESOLVED

What the court did not address was whether the program is constitutional. Other legal cases have argued that it is not.

Opponents say the seizure and search of their records from telephone companies violates their expectations of privacy under the Fourth Amendment because the government failed to obtain a search warrant based on probable cause to believe that evidence of criminal conduct will be found in the records. The program's backers rely on what is known as the third-party doctrine, under which the Supreme Court has held that personal records people voluntarily turn over to companies, including phone records and email, are not protected by the Fourth Amendment.

CONGRESSIONAL DEBATE CONTINUES

The court's ruling sharpens the focus on the ongoing congressional debate about the program. The Patriot Act provisions in question expire June 1 unless Congress reauthorizes them. Republicans and Democrats in the House have agreed on a bill to do that while also ending the government's bulk collection of the records. Senate leaders are backing a competing measure that would maintain the status quo, but they are open to compromise.

The divisions on the issue don't run neatly along partisan lines. Libertarian-leaning Republicans have joined many Democrats in arguing that a secret intelligence agency should not be storing the records of every American phone call. Some Democrats and Republicans assert that the program is needed now more than ever, given the efforts by the Islamic State group to inspire extremists to attack inside the U.S.

The House Judiciary Committee last month overwhelmingly passed the latest version of a bill known as the USA Freedom Act, which would end the NSA's collection and storage of the phone records. Instead, it would allow the agency to request records held by telephone companies under a court order in terrorism investigations.

A NOD TO SNOWDEN?

Some were arguing Thursday that the court's ruling was a vindication for Snowden, who is under indictment in the U.S. and living in exile in Moscow. Indeed, one of the three judges, Robert Sack, authored a separate opinion that appeared to paint Snowden as a whistleblower.

Many other people, including senior U.S. officials, sharply disagree. They note that Snowden's disclosures about NSA activities were far broader than this single program, revealing espionage that had no implication for Americans' privacy.

Former CIA Deputy Director Michael Morell served on a task force in the wake of the Snowden leaks that recommended ending NSA's bulk collection of phone records. In a new book, Morell calls Snowden's leak "the greatest compromise of classified information ever" that did "enormous" damage.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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