Judge: NSA spying ‘almost Orwellian,’ likely unconstitutional

[DJ MC]

In a stinging rebuke to President Barack Obama’s surveillance policies, a federal judge on Monday branded the National Security Agency’s mass collection of Americans’ telephone data “almost Orwellian” and likely a violation of the Constitution.

 

Appeals Court Judge Richard Leon invoked Founding Father James Madison and the Beatles in a frequently scathing ruling. Leon, appointed by then-President George W. Bush, ordered the government to halt bulk collection of so-called telephony metadata and destroy information already collected through that program. But he suspended his order as the case works its way through the courts.

 

“I cannot imagine a more ‘indiscriminate’ and ‘abitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval,” Leon wrote.

 

Read: Source

[YankeesPwnMets]

Good. Obama and his cronies have gone way too far with his useless "war on terror." Obama should be impeached for this. The Presidential Oath states that a President should " to the best of my Ability, preserve, protect and defend the Constitution of the United States." Obama has done nothing but violate the Constitution and act as if it wasn't there.

 

I used to be a big Obama supporter, but I've watched this guy become an incompetent, autocratic piece of trash in office. I can't wait until he gtfos from the Presidency permanently. First the NSA, then the huge fiasco called Obamacare, then he decides that it would be a great idea to take selfies at Nelson Mandela's funeral. President Obama is an embarrassment to the United States

[CenSin]

Good. Obama and his cronies have gone way too far with his useless "war on terror." Obama should be impeached for this. The Presidential Oath states that a President should " to the best of my Ability, preserve, protect and defend the Constitution of the United States." Obama has done nothing but violate the Constitution and act as if it wasn't there.

 

I used to be a big Obama supporter, but I've watched this guy become an incompetent, autocratic piece of trash in office. I can't wait until he gtfos from the Presidency permanently. First the NSA, then the huge fiasco called Obamacare, then he decides that it would be a great idea to take selfies at Nelson Mandela's funeral. President Obama is an embarrassment to the United States

Bush started it. Obama kept it going.

[peacemak3r]

Good. Obama and his cronies have gone way too far with his useless "war on terror."

 

Too bad President Bush used that term first and kept using it for the duration of his office.

[DJ MC]

I guarantee that even if McCain or Romney were elected president, nothing would of changed when it comes to the NSA. 

[peacemak3r]

I'm sure Romney would have not changed anything with the NSA.  Screw McCain though.

[BreeddekalbL]

I'm sure Romney would have not changed anything with the NSA.  Screw McCain though.

 

McCain would have wanted to conquest the middle east

[Turbo19]

In a semi ironic twist the NSA is sure to dig up information for the use of mudslinging toward the plaintiffs in this case, ho;ding true to payback's a bitch.

 

Sure, after the fact the NSA will be portrayed and viewed worse than at the preliminary point, but in their mentality they rose as the victor in all of this. Furthermore the public will seemingly go about as if nothing had ever happened. Win for them.

[CenSin]

Does anyone think that the revelations came too soon? Snowden should've waited for a major abuse of surveillance data or shit hitting the fan within the NSA before disclosing anything. While the revelations themselves shock the public, there will be nothing to sustain the impression. The public will come to accept being cattle in a pen and shrug it off as a normal part of being a citizen.

At this point, the NSA can still try to wind down and continue existing, or continue what it's doing until a big f*ckup eventually happens that will result in its complete demise.

[DJ MC]

Does anyone think that the revelations came too soon? Snowden should've waited for a major abuse of surveillance data or shit hitting the fan within the NSA before disclosing anything. While the revelations themselves shock the public, there will be nothing to sustain the impression. The public will come to accept being cattle in a pen and shrug it off as a normal part of being a citizen.

 

At this point, the NSA can still try to wind down and continue existing, or continue what it's doing until a big f*ckup eventually happens that will result in its complete demise.

 

The people (all of us) have a right to know what the government is doing with all the money (our money) that's being spent to fund these things. Far as I see it this is what happens when you give something too much power. I think this came at the right time, since people are still pulling that "preventing terrorist" excuse out of their asses.

[Turbo19]

Does anyone think that the revelations came too soon? Snowden should've waited for a major abuse of surveillance data or shit hitting the fan within the NSA before disclosing anything. While the revelations themselves shock the public, there will be nothing to sustain the impression. The public will come to accept being cattle in a pen and shrug it off as a normal part of being a citizen.

 

At this point, the NSA can still try to wind down and continue existing, or continue what it's doing until a big f*ckup eventually happens that will result in its complete demise.

Well that's what I'm conveying. Could the NSA is likely to brush it off? Perhaps if they want to wallow in their own pit, but knowing what theyre capable of they'll likely refute this until the very end.

 

The people (all of us) have a right to know what the government is doing with all the money (our money) that's being spent to fund these things. Far as I see it this is what happens when you give something too much power. I think this came at the right time, since people are still pulling that "preventing terrorist" excuse out of their asses.

You raise an excellent point as well, being that the public should be notified, but I'm inclined also to the fact that maybe this was all too soon. Leon was noble in having rightfully accused the NSA, but at what cost to himself?

 

The cynic in me believes that this paradox of sorts is directly related to the doing of the NSA which leaves us all to speculate while they believe they're all the wiser.

[CenSin]

The people (all of us) have a right to know what the government is doing with all the money (our money) that's being spent to fund these things. Far as I see it this is what happens when you give something too much power. I think this came at the right time, since people are still pulling that "preventing terrorist" excuse out of their asses.

The issue is premature action. For the maximum effect (to shutter the NSA's spying operations completely), there must be a scandal so scalding, Snowden's revelations would immediately put a stop to the NSA. Instead, we have roughly 50% of the population not minding the spying, many questioning Snowden and his motivation, and "patriots" agreeing that he's a traitor. These help the NSA resist shutdown. I say Snowden should've waited for a major f*ckup before revealing anything. The public won't unanimously agree that the NSA is a threat until it knows the NSA is a threat and the NSA hasn't done anything crazy enough to create unopposed public backlash.

[DJ MC]

The issue is premature action. For the maximum effect (to shutter the NSA's spying operations completely), there must be a scandal so scalding, Snowden's revelations would immediately put a stop to the NSA. Instead, we have roughly 50% of the population not minding the spying, many questioning Snowden and his motivation, and "patriots" agreeing that he's a traitor. These help the NSA resist shutdown. I say Snowden should've waited for a major f*ckup before revealing anything. The public won't unanimously agree that the NSA is a threat until it knows the NSA is a threat and the NSA hasn't done anything crazy enough to create unopposed public backlash.

 

Yeah that's true. Half of the country are ignoring the information revealed and some even went as far as to call Snowden a traitor. As for whether it came too soon, time will tell as more information continues to be released. 

[MHV9218]

Good. Obama and his cronies have gone way too far with his useless "war on terror." Obama should be impeached for this. The Presidential Oath states that a President should " to the best of my Ability, preserve, protect and defend the Constitution of the United States." Obama has done nothing but violate the Constitution and act as if it wasn't there.

 

I used to be a big Obama supporter, but I've watched this guy become an incompetent, autocratic piece of trash in office. I can't wait until he gtfos from the Presidency permanently. First the NSA, then the huge fiasco called Obamacare, then he decides that it would be a great idea to take selfies at Nelson Mandela's funeral. President Obama is an embarrassment to the United States

 

The "war on terror" is an entirely Bush administration concept, which Obama has not ramped up but rather continued. It's nonsense, but you should know it's not nonsense he started. All this NSA stuff? Same exact shit as Bush. It was bad then, it's bad now, but this is bullshit to call for impeachment and claim he's started this whole thing.

 

You clearly don't know what autocracy means. Also, it was a memorial service of partying and celebrating his life, not a mourning funeral. Huge difference, and he wasn't even the one taking it. The fact you're actually criticizing the president for being in a picture as a symbol of his 'autocracy' is ludicrous. Obamacare may be troubled, but it's not autocratic either. Learn these terms before you throw them around.

[GojiMet86]

The "war on terror" is an entirely Bush administration concept, which Obama has not ramped up but rather continued. It's nonsense, but you should know it's not nonsense he started. All this NSA stuff? Same exact shit as Bush. It was bad then, it's bad now, but this is bullshit to call for impeachment and claim he's started this whole thing.

 

You clearly don't know what autocracy means. Also, it was a memorial service of partying and celebrating his life, not a mourning funeral. Huge difference, and he wasn't even the one taking it. The fact you're actually criticizing the president for being in a picture as a symbol of his 'autocracy' is ludicrous. Obamacare may be troubled, but it's not autocratic either. Learn these terms before you throw them around.

 

http://www.merriam-webster.com/dictionary/autocracy

 

Autocrat:

 

1. The authority or rule of an autocrat

 

2. Government in which one person possesses unlimited power

 

3. A community or state governed by autocracy

 

 

 

Obama can barely get the other party to agree with him, let alone be mad with power. It's a case of people not knowing what the hell a word means.

[realizm]

Too bad President Bush used that term first and kept using it for the duration of his office.

 

Yes the USA PATRIOT act. Thats the crux of the entire problem. So called ability to exercise 'emergency powers'. He signed it. 

 

'In the name of 'terrorism' of course. The DOD and CIA/NSA are going OD on national security to the point of internal paranoia related issues affecting us now as Americans.

[Roadcruiser1]

Also read our dictator's N.D.A.A. Act of 2013. It gives him the power to kill any American, to hold Americans in prison without trial, and make Americans vanish overnight. Just amazing what this person gets away with.......https://en.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2013

[Turbo19]

Also read our dictator's N.D.A.A. Act of 2013. It gives him the power to kill any American, to hold Americans in prison without trial, and make Americans vanish overnight. Just amazing what this person gets away with.......https://en.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2013

To say you are misinformed is quite the understatement. The provisions regarding detention and other prosecution do not apply to United States citizens. This has been refuted numerous times over the course of over a year now. Those most up to date with the situation should be well aware that Obama was very hesitant to sign the bill to begin with.

 

Below is a quote from President Barack Obama himself which further clarifies the situation and puts all these illegitimate fears and concerns to rest.

 

“The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists. Over the last several years, my Administration has developed an effective, sustainable framework for the detention, interrogation and trial of suspected terrorists that allows us to maximize both our ability to collect intelligence and to incapacitate dangerous individuals in rapidly developing situations, and the results we have achieved are undeniable. Our success against al-Qa’ida and its affiliates and adherents has derived in significant measure from providing our counterterrorism professionals with the clarity and flexibility they need to adapt to changing circumstances and to utilize whichever authorities best protect the American people, and our accomplishments have respected the values that make our country an example for the world.”

 

Furthermore

 

“Against that record of success, some in Congress continue to insist upon restricting the options available to our counterterrorism professionals and interfering with the very operations that have kept us safe. My Administration has consistently opposed such measures. Ultimately, I decided to sign this bill not only because of the critically important services it provides for our forces and their families and the national security programs it authorizes, but also because the Congress revised provisions that otherwise would have jeopardized the safety, security, and liberty of the American people. Moving forward, my Administration will interpret and implement the provisions described below in a manner that best preserves the flexibility on which our safety depends and upholds the values on which this country was founded.”

 

And lastly

 

“Section 1021 affirms the executive branch’s authority to detain persons covered by the 2001 Authorization for Use of Military Force (AUMF) (Public Law 107-40; 50 U.S.C. 1541 note). This section breaks no new ground and is unnecessary. The authority it describes was included in the 2001 AUMF, as recognized by the Supreme Court and confirmed through lower court decisions since then. Two critical limitations in section 1021 confirm that it solely codifies established authorities. First, under section 1021(d), the bill does not “limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.” Second, under section 1021(e), the bill may not be construed to affect any “existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.” My Administration strongly supported the inclusion of these limitations in order to make clear beyond doubt that the legislation does nothing more than confirm authorities that the Federal courts have recognized as lawful under the 2001 AUMF. Moreover, I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.”

 

And if that was a bit much below is common terms, courtesy of Lawfare.

 

“We would also note that, under a plain-language reading, section 1022 would not even cover persons apprehended in the U.S. by the FBI or other law-enforcement officials: That provision applies only to a person “who is captured in the course of hostilities authorized by the AUMF”—and in the case of a domestic FBI or other law-enforcement arrest, presumably neither the arresting entity nor the individual would be engaged in “hostilities authorized by the AUMF.” On this reading—which is fortified by the language clarifying that 1022 does not affect FBI authorities—the statute could only apply in the first instance to someone captured by a U.S. agency acting pursuant to the AUMF, which in effect would mean apprehensions by the armed forces overseas.”

 

So, in summary and for the last time, the law itself states that it does not apply to citizens. Granted NDAA is horrible for much, such as the the right’s attempt to revive the policies of the war on terror, the refusal of funding to close Guantanamo, and in all counter representing the majority of citizens, but it is by no means horrible nor does it have a role in the harming of citizens.

 

And for the last time, the referring of the president as a dictator holds no ground of which to speak of and is quite callous. I have to inquire as to when that will set well and ingrain into your mind.

[CenSin]

The provisions regarding detention and other prosecution do not apply to United States citizens. This has been refuted numerous times over the course of over a year now. Those most up to date with the situation should be well aware that Obama was very hesitant to sign the bill to begin with.

The spirit of it is still quite sinister.

[Turbo19]

The spirit of it is still quite sinister.

Yes, I don't deny that either. Just putting out some facts is all.

[DJ MC]

Things just keeping getting better and better....

 

http://news.yahoo.com/exclusive-secret-contract-tied-nsa-security-industry-pioneer-001729620--finance.html

[DJ MC]

Just when I thought I'd seen it all.

 

http://news.yahoo.com/u-court-allows-phone-39-metadata-39-collection-000116476--finance.html

[Turbo19]

To be quite honest the degenerates that this is supposed to target have been aware of the collection of data since what one could easily define as "forever". Any increased collection of information by the NSA is likely to be not useful, but rather just a cover for the extraction of personal info.

 

Nevertheless if one is truly fearful of being spied on or simply wishes to continue some illicit practices you are more than welcome to join myself and the 6% or so of U.S. residents who have managed to keep payphones alive.

[CenSin]

To be quite honest the degenerates that this is supposed to target have been aware of the collection of data since what one could easily define as "forever". Any increased collection of information by the NSA is likely to be not useful, but rather just a cover for the extraction of personal info.

 

Nevertheless if one is truly fearful of being spied on or simply wishes to continue some illicit practices you are more than welcome to join myself and the 6% or so of U.S. residents who have managed to keep payphones alive.

Someone needs to start an encrypted VoIP service that runs on an average smartphone. Install and enjoy secure chat…

 

The project will need massive manpower to propel forward, and there is no guarantees of monetary returns as:

• It has to be launched with great publicity to encourage quick adoption rates. A quick adoption rate is necessary to make it difficult to track phone calls as more people using the service at once makes it less likely the NSA can connect dots (traffic analysis).
• It has to work seamlessly so people keep using it. That also means there has to be a proxy to the POTS network like Skype where landlines and ordinary cellphones can be reached.
• The code must be open source and free for anyone to scrutinize, which also means the software must be free.

[DJ MC]

Snowden had some sort of live chat.

 

http://news.yahoo.com/snowden-live-chat-184523584.html