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Cybersecurity expert: ruling on surveillance program ‘extraordinarily significant’

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Indiana University Maurer School of Law professor Fred Cate heralded the decision handed down Dec. 16 by U.S. District Judge Richard J. Leon as possibly landing a crippling blow to the federal government’s surveillance program.

The judge found the National Security Agency’s collection of metadata from billions of Americans’ phone calls to be unconstitutional. He ruled the surveillance program on virtually all calls made by customers of major U.S. phone companies violated the Fourth Amendment’s prohibition against unreasonable search and seizure.

Cate, who also directs the IU Center for Applied Cybersecurity Research, said by finding a constitutional violation, Leon made it considerably harder for Congress or the Obama administration to resurrect the program with operational or legislative changes.

“This is an extraordinarily significant decision,” Cate said, “and while it is certain to be appealed and so (this) is just the beginning of a longer process, it raises the bar for government surveillance today, and I suspect we will look back at this decision in the future as marking a key turning point in re-establishing some balance between the rights of people and the power of our government.”

Earlier in 2013, Cate authored an amicus brief in support of the effort by the Electronic Privacy Information Center to get the Supreme Court of the United States to curtail the surveillance activities by issuing a writ of mandamus. The high court decided a month ago not to consider EPIC’s petition.

Leon questioned the government’s claims about the importance of metadata collection for national security, and he rejected the administration’s argument about the limited role of courts. 

In its filings, the government had argued that individuals whose data was being collected had no right to challenge the constitutionality of the surveillance because Congress had granted the Foreign Intelligence Surveillance Court exclusive jurisdiction over such cases but had only permitted the government to appear before that secret court.

Leon held a citizen’s right to judicial review should not be cut off because the government wants its actions to remain secret.

Cate pointed out the government has been making the same arguments in response to the numerous challenges to sweeping surveillance activities.

“Those arguments are shocking in their breadth and disingenuousness – namely, that even if the American public has had its rights violated, there is not way to seek remedy,” the Maurer professor said. “Judge Leon properly rejected those arguments outright.”

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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