ILNews

US Supreme Court takes pass on cyberspying petition

Back to TopCommentsE-mailPrintBookmark and Share

Although the Supreme Court of the United States decided Monday, not to consider a petition challenging the legality of the National Security Agency’s surveillance activities, one cybersecurity expert at IU expects the issue will eventually come before the nine justices.

Indiana University Maurer School of Law professor Fred Cate said he was not surprised by the Supreme Court’s decision but was still disappointed.

The petition was filed by the Electronic Privacy Information Center after disclosures by whistleblower Edward Snowden revealed the federal government was collecting telephone data on all U.S. citizens. EPIC argued that the Foreign Intelligence Surveillance Court exceeded its legal authority when it ordered Verizon Business Network Services Inc. to turn over to the NSA all telephone records on all customers.

Cate was the lead author of an amicus curiae brief that supported the petition’s call for the Supreme Court to issue a writ of mandamus. After the petition was filed, Cate conceded the probability of the court granting the petition’s request for a writ of mandamus was slim. However, the petition argued, the court had to act because the NSA ignored Congress’s directives.

If the Supreme Court had granted the writ of mandamus, that would have prevented the government from overstepping its authority. Instead, the court sent the opposite message.   

“What the Supreme Court has said, by not saying anything, is ‘tough luck,’” Cate said.

The Obama administration argued the Supreme Court should deny the petition because it had not been considered by the district courts. The problem with that argument, Cate said, is that the district courts and the FISC are on equal footing and one does not have authority over the other.

Even so, a fair number of other petitions charging that FISC’s exclusive jurisdiction is unconstitutional are pending in district courts. A district court or appellate court agreeing with a petitioner would cause the administration to urge the Supreme Court to get involved, Cate said. Federal officials will likely contend the issue is one of national security.

The mere filing of these petitions will not be enough to get the NSA and the administration to rethink its actions, Cate said. In fact, the only thing that got their attention was the concern from industry and foreign leaders over the cyberspying by the United States.







 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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..

ADVERTISEMENT