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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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