Showing posts with label Patriot Act. Show all posts
Showing posts with label Patriot Act. Show all posts

Thursday, May 7, 2015

Second Circuit Court of Appeals: Warrantless collection of millions of Americans’ phone records is illegal

Of course it is. No matter how useful it is in the war on terror, and it is useful, the Patriot Act can not trump the constitution.

Via The Hill:
A federal court has decided that the National Security Agency’s bulk, warrantless collection of millions of Americans’ phone records is illegal.
The sweeping decision from the Second Circuit Court of Appeals on Thursday represents a major court victory for opponents of the NSA and comes just as Congress begins a fight over whether to renew the underlying law used to justify the program.
That program “exceeds the scope of what Congress has authorized,” Judge Gerard Lynch wrote on behalf of the three-judge panel.
The law “cannot be interpreted in a way that defies any meaningful limit,” he added.Additionally, the government’s rationale behind the program represents “a monumental shift in our approach to combating terrorism,” which was not grounded in a clear explanation of the law.
The Second Circuit’s decision provides the most significant legal blow to the NSA operations to date and comes more than a year after a lower court called the program “almost-Orwellian” and likely unconstitutional. The appeals court did not examine the constitutionality of the surveillance program in its ruling on Thursday.
The Second Circuit is just one of the three appeals courts examining challenges to the NSA’s phone records program, which may ultimately land at the Supreme Court.

Tuesday, June 11, 2013

Scary: FBI use of a controversial provision of the Patriot Act up 1000% under Obama...

Is this the change Obama voters wanted?

Via NBC News:
The FBI has dramatically increased its use of a controversial provision of the Patriot Act to secretly obtain a vast store of business records of U.S. citizens under President Barack Obama, according to recent Justice Department reports to Congress. The bureau filed 212 requests for such data to a national security court last year – a 1,000-percent increase from the number of such requests four years earlier, the reports show.

The FBI’s increased use of the Patriot Act’s “business records” provision — and the wide ranging scope of its requests — is getting new scrutiny in light of last week’s disclosure that that the provision was used to obtain a top-secret national security order requiring telecommunications companies to turn over records of millions of telephone calls.

Taken together, experts say, those revelations show the government has broadly interpreted the Patriot Act provision as enabling it to collect data not just on specific individuals, but on millions of Americans with no suspected terrorist connections. And it shows that the Foreign Intelligence Surveillance Court  accepted that broad interpretation of the law.

Monday, June 10, 2013

Patriot Act Author: It Was Never Intended For Spying On Americans

Republican Rep. Jim Sensenbrenner claims Obama is abusing the law he authored...

Via The Guardian:
We’ve gotten used to what “Big Government” looks like – Washington’s unchecked deficit spending, the Obama administration‘s policing of the press and the IRS’s targeting of conservative groups. But the problem is bigger than we thought. “Big Brother” is watching. And he is monitoring the phone calls and digital communications of every American, as well as of any foreigners who make or receive calls to or from the United States.
Last week, the Guardian reported that the Obama administration is collecting records of every call made to, from or within the US, as well as records of many digital communicationsPresident Obama has tried to deflect criticism by claiming “every member of Congress has been briefed on this program.” While some members of Congress were briefed – particularly those on the intelligence committees – most, including myself, were not.
The administration claims authority to sift through details of our private lives because the Patriot Act says that it can. I disagree. I authored the Patriot Act, and this is an abuse of that law.
Keep on reading…