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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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