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Judge Says NSA Spying Likely Unconstitutional:

In a blistering ruling, a federal judge on Monday declared that the wholesale collection of Americans' telephone records by the National Security Agency is likely to violate the Constitution's ban on unreasonable searches. Moreover, U.S. District Court Judge Richard Leon said, the program probably isn't effective in fighting terrorism. Sen. Bernie Sanders applauded ruling.

“In my view, the NSA is out of control and operating in an unconstitutional manner,” Sanders said. “Today’s ruling is an important first step toward reining in this agency but we must go further. I will be working as hard as I can to pass the strongest legislation possible to end the abuses by the NSA and other intelligence agencies.”

In the important ruling, Judge Leon granted a preliminary injunction in favor of two men who challenged the bulk collection of phone records and said the records should be destroyed. With a government appeal almost certain, the judge stayed enforcement of his decision.

http://www.sanders.senate.gov/newsroom/recent-business/judge-says-nsa-spying-likely-unconstitutional
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30 comments
 
And in the category of no shit news today....
 
no company should not be allow to collect date. government can get this data as wee as many other people.
 
It's one thing if the #NSA  legitimately collects data on people who are potential threats OR foreign nationals, BUT it is definitely wrong and unconstitutional (going against the 4th Amendment) when #metadata  is collected on people who are known not to be threats, known not to be associated with organizations who are threats AND who are an "USPER" which is the official designation given to a United States Person and/or natural born citizen. 

Who knows? Maybe they'll come up with a device called #Stingray  or #Hailstorm  so local law enforcement can get in on the act of invading people's privacy or messages, data and calls and they too can violate the 4th Amendment. Maybe they'll just get the "tower dumps" of an entire cell tower or county while they're at it? Then this would give out the identity, activity and location of any phone that connects with the targeted cell phone towers over a set period of time. 

You rock #berniesanders  ! Good info and post.
 
When I read some if these comments, it's really a sad commentary on how badly the American people distrust their government that something like this elicits a lukewarm response. Since 9/11/2001 there has been a systemic erosion of the rights and liberties our founding fathers enshrined in the Constitution. We all should be demanding more transparency and accountability from our government leaders not less.
 
With respect to the comments that the judge made in regards to the obsolescence of the 1979 law granting the government the access to communications records, the magistrate was very on point. The magnitude of the public's expectations for privacy are not being respected by this implementation of security measures. The problem is that the NSA's efforts 'may' get abused not have been; by persons or organizations that have no regard or responsibility to American citizens.

We need to understand how the information can be used to protect our way of life in addition to what can and should be done to parties who attempt to abuse our right to privacy. There isn't a constitutional guarantee of such a right. Maybe the time has come.
 
i don't trust then to decide what should be collected.
 
The law was passed in 1979. In 1983, Microsoft got started. What happened in the 30 year interval?

Trust is earned, but when events won't wait on the right set of circumstances to prove merit, history is the only substitute with reliable credentials.
 
+Ml Hayes The NSA spying is unconstitutional if it has taken place without a warrant on American citizens.  People have the rightful expectation to privacy.   
 
+William Pittenger, "spying" no matter who targeted is by definition an
illegal act. Invasion of privacy sanctioned by an obsolete law is more
evidence of elected officials asleep at the wheel and a public kept in the
dark till George Snowden betrayed his homeland.

Exactly how were are to defend our collective person while retaining our
sense of individuality is the subject of debate with intent to make
progress, not place blame.
 
  Ohhh,Younze didn't oppose it when Dianne Fienstein was having Holder do it with the 3 month warrant...Now all of a sudden it's offensive,Bernie..?Hmmm,When they target the Tea Party and Conservatives you are ok with it but when it turns on YOU or Germany it's wrong,L O L...HYPOCRITES... #bbiu  
 
Are we going to question the judge's comments today or consider what would be best or better? Every conversation in Bernie's space doesn't have to be conflict.
 
Bernie Sanders and I agree on something...
 
+William Pittenger do you have proof that it has, because I don't, and neither does the judge, he said as much. I think Mr. Hayes has illustrated everything perfectly.
 
This NSA mass, arbitrary collection and Gitmo are so obviously unconstitutional that the fact it has been allowed to continue for so many years are indicators of corrupt government leadership approaching treasonous behavior for anyone involved (particularly those who swore an oath to defend the US Constitution against all enemies foreign and domestic-all soldiers and law enforcement agents).  The perpetrators of these actions have, themselves, become domestic enemies of the US (Constitution).
 
+Yie-Ming Chen If their countries don't want them, and they have no rights in ours, where do we keep them? 

They're dangerous.  They can stay there.   
 
+William Pittenger You are right that many of their own countries do not want them back, but as Blackstone said: "It is better that ten guilty persons escape than that one innocent suffer",  I am fairly certain that there is at least one innocent still jailed there.  We have illegally incarcerated them (even the guilty) so it is our responsibility to find a country willing to accept them if their own will not.  Just because it is difficult to solve, it is no excuse for injustice.  At the very least they should not be kept in prison conditions...they can still be isolated from the general population until a place can be found, but it should be in hotel-like conditions appropriate for a foreign tourist, not jail.
 
+Yie-Ming Chen I've seen the interviews and the dialogues.  Those people are insane, those that are left there.  Are YOU willing to take them? 
 

If the  big tech companies are required by law to lie about NSA spying, why would we believe that they are fighting  to stop the NSA. All they have to do is hide it better.  Only 2 ways to truly return to freedom

1.  That some NSA hero releases compromising info on billionaires or congress people. That should move them to real action

2.   The other way  is to restore the balance of democracy. All congress people should wear recording devices ala google glass, where all their conversations can be recorded and revised by the constituents ensuring that the people we vote for defend our interest.  Sounds like a fantasy, but that is a truly representative democracy.
   
 
I enjoy watching the capitalist comedy of reformist design Senator Sanders respectfully thinks that  "“In my view, the NSA is out of control and operating in an unconstitutional manner,” Sanders said. “Today’s ruling is an important first step toward reining in this agency but we must go further. I will be working as hard as I can to pass the strongest legislation possible to end the abuses by the NSA and other intelligence agencies.” but I am sure that is what was said when it was found out that the government had COINTEL in the 60s and 70s.

The only way to stop government police state abuses is to abolish those agencies functions.
 
Finally, someone who may matter, says what we've all known all along.
 
Why would a President enable such legislation in the first place. Maybe not know about USLaw? Just a thought.
 
Perhaps we should think about what is done with knowledge gained.  It is my understanding that the NSA uses the info to track the telephone activity of known or suspected bad guys.  The rest of the records are kept forever.  The truth for me is I don't want the bad guys to be able to communicate freely by any means.

Freedom has never meant "ignore me until I do something wrong".  Before we had fingerprinting and DNA many more people we "free" to commit crimes for a lot longer.  No one complains about that.  It is also universally accepted that once you commit a crime you no longer have any expectation of privacy.  We tag a released sex offender for life.  We tack where they live and require them to be a certain distance from schools.  The Government has always taken steps to protect us from criminals. 

The newest technology casts a wide net, but the innocent American "by-catch" is released without a scratch.  Show me the innocent Americans caught in the net and I will complain.

The true value of the NSA program is the latent information.  The NSA identifies a bad guy and they can track who he has been talking to for years.  It is a tool, like fingerprints and DNA, and can catch the guilty and cripple terrorists cells before the bomb goes off.
 
When do we get to use our gates again at the airports????  Not one gate has ever been bombed in the history of American air transportation.  09/11 was a big Lie, a false flag, and no one planted a bomb at a gate that day anyway, so why can't we use our gates??  All this bull shit about stopping terrorists in the USA is just a ruse to enforce the same old Nazi gestapo police methods, and guess why we formed the CIA... to bring over those exact elements; learn about operation paperclip.
 
All government and any form of security that is sponsored to insure that governing will be persistent beyond the personalities of individuals; share a undesired trait. Security assumes that an attacker or opposed organization will apply a strategy to disrupt the peace that is sufficiently widespread and demonstrative, simultaneously. Said action must overcome all safeguards and defenses so as the cause the targeted population maximum discomfort, confusion, and internal mistrust.

9/11 was such an event. So too was Pearl Harbor and Harper's Ferry. Contrast and comparison of the security apparatus in place in each of these historic incidents of attack on or government sheds relevant light on the considerations for NSA's constitutional existence. Simply closing our eyes to threats by anti-United States organizations isn't the answer. Trial of Gitmo detainees would require a totally new imposition of sovereignty over foreign citizens where those witnesses for and against accused terrorist would need be summoned by one state on demand that another produce the witnesses or execute the judgment of the offended state. This would result in many warrants for US elected officials past and present. It could not be helped if justice were really the objective. Witnesses could be compelled to testify but the judges would have to come from objective nations who have no interests in the outcome of the trials.

Sadly, as a species we aren't willing to cooperate in this manner. Thus, we are plagued by persistent suspicion of the unknown to the point of extermination of individual privacy. Bravery occurs when we recognize the peril and act to minimize the effect.
 
+Larry Huff The problem isn't only one of casting a wide net (not specifically tracking a known individual's communication), the problem is that the NSA is storing all the data and keeping it.  That essentially means that it is not "releasing" the innocent caught in that net.  There are strict guidelines on surveillance data unintentionally collected on US citizens.  That data must be destroyed in 30 days.  In the past, when we tested surveillance aircraft over the US, we had to destroy those test flight photos within 30 days to abide by the 4th Amendment and honor our oath to protect the US Constitution.
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