Appeals Court rules the NSA data-mining program is illegal
How about a little good news today?
Back at the end of 2013 a Federal Judge ruled that the NSA data-mining program was “likely unconstitutional.” Here is more from December 2013:
A federal judge ruled Monday that the National Security Agency program which collects information on nearly all telephone calls made to, from or within the United States is likely unconstitutional.
U.S. District Court Judge Richard Leon found that the program appears to violate the Fourth Amendment ban on unreasonable searches and seizures
“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval”
And now we fast-forward to today: The Second Circuit Court of Appeals has ruled that this very same program is illegal because it goes beyond what the Congress authorized in the PATRIOT Act. Here is more:
A federal court has decided that the National Security Agency’s bulk, warrantless collection of millions of Americans’ phone records is illegal.
The sweeping decision from the Second Circuit Court of Appeals on Thursday represents a major court victory for opponents of the NSA and comes just as Congress begins a fight over whether to renew the underlying law used to justify the program.
That program “exceeds the scope of what Congress has authorized,” Judge Gerard Lynch wrote on behalf of the three-judge panel.
The law “cannot be interpreted in a way that defies any meaningful limit,” he added. Additionally, the government’s rationale behind the program represents “a monumental shift in our approach to combating terrorism,” which was not grounded in a clear explanation of the law.
The Second Circuit’s decision provides the most significant legal blow to the NSA operations to date and comes more than a year after a lower court called the program “almost-Orwellian” and likely unconstitutional. The appeals court did not examine the constitutionality of the surveillance program in its ruling on Thursday.
This is a victory but it is not a complete victory for the court did not rule the NSA spaying program was unconstitutional, only that it was illegal because it went beyond what the Congress authorized and of course there are those of us who believe the entire PATRIOT Act might be unconstitutional.
This ruling leaves open the possibility that the Congress can vote to approve such domestic spying and if I am reading this right it would mean using that logic the program would then be legalized by the Congress. Simply expanding an act which is likely unconstitutional in order bring a government program into compliance with that law by “legalizing” it through the Congress is not the answer!
This case is surely headed to the Supreme Court but it will be interesting to see what the Congress does in the meantime.
Malo periculosam libertatem quam quietum servitium
Trackbacks
- Rand Paul speaks out on court decision which ruled the NSA spying program is illegal | America's Watchtower
- Rand Paul vows to filibuster the PATRIOT Act | America's Watchtower
- Republican Senator Bob Corker claims the NSA should be collecting more data on American citizens | America's Watchtower
- The FBI admits the PATRIOT Act has not thwarted any terrorist attacks | America's Watchtower
- The NSA begins to wind down its data-mining program after Rand Paul outmaneuvers Mitch McConnell | America's Watchtower
- Barack Obama asks the FISA court to allow illegal NSA data-mining program to continue | America's Watchtower
America's Watchtower 
The Patriot Act, and its illegitimate children, are unconstitutional.
LikeLiked by 2 people
I agree!
LikeLiked by 1 person
That’s why the usurpers (in house invaders) are forcing an to end the Constitution (by means of a coming disaster) and replace it the warped and sicko Globalist Agenda. How neat it would be if those in authority did their jobs and thwart it, like this is indicating! The twisting of words is apparent in The Patriot Act = UNPatriot Act: they cause the problem and used it to strip away peoples rights and privacy.
LikeLiked by 2 people
Yes they have and of course they used a crisis to implement it when emotions were high. James Madison said: I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations. And I have to believe truer words were never spoken.
LikeLiked by 2 people
How neat, indeed, Zip. If only our representatives would, first, always follow the Constitution – no matter what their constituents, political parties, and non-constituent donors want; second, always follow the wishes of their constituents – no matter what political parties and non-constituent donors say. If only our representatives would do that!!
LikeLiked by 2 people
I agree Laura. But those who get the power & control obsession or better yet, are ‘addicts’ (always needing more to get high), what you point out as the foundation is not their focus and will be eradicated by their drug enslavement mentality and decisions – carried out by the very agencies formed to protect us will continue to be perverted to be against us.
LikeLiked by 2 people
Yes, they may talk a good game but once elected they abandon their promises whether it be for lust of power or under political pressure and yet we keep sending them back!
LikeLiked by 2 people
Slowly we manage to get these cases through the courts. I will take this for a win. The Supremes have not been so generous in going along with Obama’s illegal activities.
LikeLiked by 2 people
I will take it as well! The SCOTUS has ruled unanimously against Obama several times and I think this might be another unanimous decision!
LikeLiked by 1 person
“Executive Doomsday Order: Obama Authorizes Gov to Seize Farms, Food, Processing Plants, Energy Resources, Transportation, Skilled Laborers During National Emergency” was signed in March ’12. So, with JH15 coming up some of these NSA ‘concerns’ will vanish and lockdown procedures take precedence. “Texas Ranger Drops Jade Helm Bombshell: “There Are Trains With Shackles On Them” http://www.shtfplan.com/headline-news/texas-ranger-drops-jade-helm-bombshell-there-are-trains-with-shackles-on-them_04292015
Some ‘cogs’ need to placed in their ‘terrorist gears’ that they’ve been planning for years!
LikeLiked by 2 people
I sometime work near a National Guard facility and there is rarely anything going on there but last week there was quite a bit of activity for some reason and today I saw three helicopters flying in formation. (Not at the National Guard facility) And it really makes me wonder what is going on.
LikeLiked by 2 people