On CNN Saturday, the "Legal Guys" said that the New York opinion (rendered in a courtroom near the World Trade Center) applies to many more people. Appeals courts will hear both cases next.
Saturday, December 28, 2013
Federal Judge in New York rules in favor of NSA, contradicting earlier federal court ruling in DC
A federal judge in New York has issued a ruling
opposite (more or less) of a previous ruling from the DC court, on the issue of
NSA meta-data spying based on the “pen register” concept for telephone (and
possibly other electronic) communications. The New York Times story by Adam
Liptak and Michael S, Schmidt is here.
The New York case is called ACLU v. Clapper (filed
against the NSA head).
The pen register idea goes back to a 1979 case
before the Supreme Court, Smith v. Maryland (Findlaw link ).
Judge William H. Pauley III ruled that an pen
register system had to be omnipotent to be effective, and needed a record of
all “degrees of separation” to find genuinely suspicious activity. He noted that before 9/11, the NSA had
intercepted calls to a safe house in Yemen by Khalid al-Mihdhar, but did not
have the capability to determine that the potential terrorist was in San Diego rather
than overseas.
Pauley referred to a 2012 opinion on U.S. v. Jones, which had considered the limits of
technology in tracking drug dealers or other criminals, link here.
The White House has a paper “Liberty and Security in
a Changing World: Report and Recommendations of the President’s Review Group on
Intelligence and Communications Technologies”, link here.
Jim Scuitto and Evan Perez of CNN write “Review: NSA
snooping program should stay in place”, link here.
The Pauley court opinion is here and the link was provided by attorney Paul Volokh.
On CNN Saturday, the "Legal Guys" said that the New York opinion (rendered in a courtroom near the World Trade Center) applies to many more people. Appeals courts will hear both cases next.
On CNN Saturday, the "Legal Guys" said that the New York opinion (rendered in a courtroom near the World Trade Center) applies to many more people. Appeals courts will hear both cases next.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment