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VICTORY ! NSA Phone Records Program Ruled Illegal!


Society & Culture  (tags: NSA, SURVEILLANCE, MASSPHONE CALL TRACKING, victory, court of Appeals, ACLU, Patriot Act )

Angelika
- 1262 days ago - aclu.org
In ACLU v. Clapper- Challenge to NSA Mass Call Tracking Program: On May 7, 2015, the Court of Appeals for the Second Circuit ruled that the call-records program violates Section 215 of the Patriot Act and remanded the case back to the district court.



   

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Comments

Angelika R (143)
Thursday May 7, 2015, 9:34 am
This is huge! Today in a landmark decision, a federal appeals court unanimously ruled that the NSA’s mass phone records program is unlawful.

The impact of this ruling will extend far beyond the mass phone records program and call into question the legality of many other government mass surveillance programs – and truly demonstrate the need for systemic reform.

Please take a minute to share the news.
Post on Facebook TWEETl
 

Sue H (7)
Thursday May 7, 2015, 9:52 am
Excellent!
 

Past Member (0)
Thursday May 7, 2015, 10:46 am
Fantastic news--my lunch just got tastier! thx Angie...and shared
 

Angelika R (143)
Thursday May 7, 2015, 12:34 pm
We will see..what and if happens.. to this ruling ..and to the disputed Article 215 as a whole.
 

Animae C (507)
Thursday May 7, 2015, 2:05 pm
Noted
T.Y. Angie
 

Angelika R (143)
Thursday May 7, 2015, 2:13 pm
More coverage here >
NSA mass phone surveillance ruled illegal

Loretta Lynch defends NSA phone collection program after ruling - VIDEO
 

JL A (281)
Thursday May 7, 2015, 2:50 pm
Thank heavens for the ACLU...and if not renewed, the Patriot Act sunsets next month. Thanks Angie
 

Evelyn B (61)
Thursday May 7, 2015, 3:12 pm
********************** for sharing this good news Angie -

Let's see what happens next.

Because so much slipped through in the voluminous Patriot Act ... nobody had time to read it carefully and analyse all potential repercussions in the very short time between presentation & vote - and everyone was in a state of shock ...
 

P A (117)
Thursday May 7, 2015, 11:01 pm
Thank you Angelika for this amazing news!
 

Angelika R (143)
Friday May 8, 2015, 4:25 am
While it most likely doesn't matter nor interests most of you much, to me it certainly does and I was glad to see the Guerdian article (linked above) also had a link and article about our current topic #1 which is everything about that NSA-BND espionage scandal that looks suitable to shake up our govt. incl. Mutti Merkel's seat.
Reportedly the latest on that is:
German secret service BND reduces cooperation with NSA
 

donna m (97)
Saturday May 9, 2015, 1:03 am
this sounds like good news...
 

donna m (97)
Saturday May 9, 2015, 1:04 am
we'll have to wait and see what's up next...
 

donna m (97)
Saturday May 9, 2015, 1:05 am
it's always 'something' nasty, it seems!
 

Panchali Yapa Yapa (26)
Saturday May 9, 2015, 3:19 am
Thank you
 

Janet B (0)
Saturday May 9, 2015, 12:50 pm
Thanks
 

Birgit W (160)
Saturday May 9, 2015, 1:04 pm
Thanks for sharing Angelika.
 

donald Baumgartner (6)
Saturday May 9, 2015, 1:31 pm
Good News !!!!
 

Lois Jordan (63)
Saturday May 9, 2015, 1:45 pm
Noted. Thanks so much for posting, Angelika.

From everything I've read, the Patriot Act wasn't even completely read by most members of Congress at the time it was passed. And, it was passed under the threat that anyone who didn't vote for it was at the very least "unpatriotic." It would be excellent to see the entire Patriot Act abolished. DHS is sucking in billions of our tax dollars so it can spy on all of us. For what purpose? The gov't has been able to gather our info through legal channels for decades. They had all the info they needed to prevent 9/11---they weren't sharing that info or listening to those with information.

At the very least, we can get rid of Section 215. Congress is having a tough time gathering votes to continue the Patriot Act because of this judicial decision, which is great---but not a done deal. Everyone should contact their members of Congress regarding this.
 

Angelika R (143)
Saturday May 9, 2015, 1:59 pm
Very true, thanks Lois! *******
 

S J (130)
Saturday May 9, 2015, 4:47 pm
I m happy for all of you, hope it happens here too. thank you Angelika
 

Past Member (0)
Saturday May 9, 2015, 9:30 pm
Noted and thanks Angelika---it appears to be good news---appears....dis....appears.
 

Panchali Yapa Yapa (26)
Sunday May 10, 2015, 1:30 am
Thank you
 

. (2)
Sunday May 10, 2015, 4:41 am
arigato
 

LucyKaleido ScopeEyes (82)
Monday May 11, 2015, 12:18 am
Reason for CHEERING!: The ACLU has won their lawsuit against NSA spying & mass surveillance, at least as the bulk collection of phone calls & records are concerned. "On May 7, 2015, the Court of Appeals for the Second Circuit ruled that the call-records program violates Section 215 of the Patriot Act."

I normally would have been delighted to discover this news & your post, Angelika. But I discovered it under circumstances that really pissed me off! I was in the process of posting this outcome myself on Sunday (granted two days late, 'cause hadn't been on computer Friday or Saturday) after having checked no one had already posted the story via a C2 search that had come up with NO RESULTS. The submission form was nearly completed -- only the illustration was missing. As I was conducting a google image search, one of the pics displayed appealed to me more than any of the others, but when I passed my cursor over it, the info appeared that it was from C2. Good grief! Turned out it was the image for your post that Google had linked me to!

Well, I could've abandoned, since your post was on Front Page with almost 60 notes at that point, but I'd already invested so much time & energy that I went on (bullheaded), but not without mentioning your post in my first comment. Glad now I didn't abandon, cause I've got people noting who didn't see your post, so the news, even two days late, is 'breaking' for them!

When Sunday I saw the story on DN! from Friday my eyes almost popped out of my head! What a great surprise! I'd completely forgotten about the ACLU lawsuit that had already met with a major obstacle along its route, back in 2013, & I hadn't realized it was still making its way through the courts.

I was overjoyed until I realized that the headline didn't tell the whole story -- the DN! headline suggests it's the whole Patriot Act that was judged illegal, but once you watch (or read) further the specifics come out: it's just Section 215. That's a disappointment. That means that legislators will have no motivation to repeal the other sections.

As JL said, 'Thank heavens for the ACLU"! Thank heavens for their tenacity, too!

Your post also says, "The ACLU's 2008 lawsuit challenging the constitutionality of the FISA Amendments Act, which authorized the so-called “warrantless wiretapping program,” was dismissed 5–4 by the Supreme Court in February 2013 on the grounds that the plaintiffs could not prove that they had been monitored."

I remember developing 'cold feet' about Obama when it was revealed (before his 2008 victory at the polls) that he had voted in favor of FISA.

I am glad to have read the ACLU coverage of their victory, & I will doubtless return to it for the wealth of information that goes beyond the victory to celebrate. What I posted was the DN! discussion of the case & the victory with ACLU's Deputy Legal Director of the ACLU, Jameel Jaffer. He's also written a new article for Slate is called "Flip the Patriot Act’s Kill Switch: Let the Worst Parts of the Law Die"

I also like the DETAILED way it's written & how they've given the background information: "The complaint argues that the dragnet, justified by the Patriot Act’s Section 215, VIOLATES the RIGHT of PRIVACY PROTECTED by the FOURth Amendment as well as the FIRST Amendment rights of FREE SPEECH and ASSICIATION. The complaint also charges that the program EXCEEDS the AUTHORITY that Congress provided through the Patriot Act. The lawsuit seeks to END THE MASS DOMESTIC SPYING and have all of the collected data DELETED. In December 2013, a federal judge denied the ACLU’s motion for a preliminary injunction and granted the government's motion to dismiss, and we appealed."

Also from the ACLU site & of great interest: Why Today’s Landmark Court Victory Against Mass Surveillance Matters
 

LucyKaleido ScopeEyes (82)
Monday May 11, 2015, 1:12 am
ACLU - TAKE ACTION! : Congress: Let Section 215 Die*

*25,419 Signed* => 35,000 Needed

"Three provisions of the Patriot Act are set to expire on June 1. That includes Section 215, under which the NSA collects records all of our phone calls every day, giving the government a detailed picture of our lives and relationships.

"This program is unconstitutional and ineffective, yet Senate MAJORITY Leader Mitch McConnell just proposed REAUTHORIZING it, and extending it for another FIVE years" .... DESPITE the May 7th, 2015 Court of Appeals for the Second Circuit landmark ruling that the NSA's mass phone records program is unlawful.

"For the government to have such easy access to so much information about your private life is an abuse of power, plain and simple, and has nothing to do with national security.

"Tell Congress you want your privacy back now. Urge your representatives to let Section 215 of the Patriot Act finally die."
 

LucyKaleido ScopeEyes (82)
Monday May 11, 2015, 5:51 am

Take Action with EFF (Electronic Frontier Foundation - 'Defending Your Rights in the Digital World') :

1) PLEASE Customize the message/Sign - Tell Congress: My Phone Calls are My Business. Reform the NSA - E-Mail Your Reps - "Ending phone record surveillance under Section 215 is the first step to reining in surveillance abuses by the NSA."

2) If you can, please CALL Congress @https://fight215.org/ : "Enter your number. We’ll call you and connect you to your elected representatives.": Besides the connection set-up, there's also a talking point page to consult @https://fight215.org/ & a follow-up section to report your call.

=> May 6, 2015, From EFF (Electronic Frontier Foundation - Defending Your Rights in the Digital World) Diverse Groups Stand United Against Plan to Reauthorize Section 215 of the Patriot Act

More than 50 groups sent a letter to Congressional leadership today demanding that they shelve Senate Majority Leader Mitch McConnell and Senate Intelligence Committee Chair Richard Burr's attempt to renew Section 215 of the Patriot Act. Despite nearly two years of revelations about the full extent of NSA spying—including how the government has interpreted this section of the Patriot Act to mean it can vacuum up the call records of millions of innocent people—these Senators want to extend Section 215, unchanged, until 2020.

The letter is loud and clear—this is unacceptable. That’s why this diverse coalition of privacy, human rights, civil rights, and transparency advocates, spanning the political spectrum:

stand united in our opposition to any proposal, such as S.1035, which would seek a straight, long-term reauthorization of Section 215 of the Patriot Act, without any corresponding reforms.

The letter confronts the Senate leaders on many of the facts that make a reauthorization of Section 215 in the absence of meaningful reform untenable:

These bulk surveillance programs raise serious constitutional concerns, erode global confidence in the American tech sector, and are unnecessary for national security.

The letter also notes the independent Privacy and Civil Liberties Oversight Board’s conclusion that Section 215 prevented no terrorist attacks and did not lawfully authorize the daily, mass, suspicionless collection of Americans’ phone records.

For these reasons—and many more—the signers are demanding Congress oppose the renewal bill, S. 1035. But we need your help. Go to Fight 215.org to tell Congress the bill must be shelved."

Electronic Frontier Foundation (EFF), May 9, 2015 EFF Case Analysis: Appeals Court Rules NSA Phone Records Dragnet is Illegal By Andrew Crocker*

*Andrew Crocker is a "staff attorney on the Electronic Frontier Foundation’s civil liberties team. He focuses on EFF’s national security and privacy docket, as well as the Coders' Rights Project. While in law school, Andrew worked at the Berkman Center for Internet and Society, the American Civil Liberties Union’s Speech, Privacy, and Technology Project, and the Center for Democracy and Technology."
 

Angelika R (143)
Monday May 11, 2015, 8:11 am
Thanks Lucy for adding all that info! I wonder how any will really take action.
But here's a valid thought by Sam that also mirrors my skepticism: "If the NSA didn’t obey the law when it was in effect, how can we expect it to stop its practices even if the law is allowed to expire?"
 

Angelika R (143)
Monday May 11, 2015, 8:23 am
In a recent sequence of his satirical show ( Last Week Tonight with John Oliver: Government Surveillance (HBO) ) - hilarious Must view btw! -, Oliver points out how little Americans generally care about surveillance ("they don't give a shit") and I'm afraid he is correct.
Some US official was saying on the general matter, that while Germans /Europeans raised hell, filed charges against Google's Street View and had their personal specifics blacked out, Americans would stand in their front yards and wave.
 

Angelika R (143)
Monday May 11, 2015, 8:25 am
typo: ..wonder how MANY will take action.
 

ParsifalAWAY S (99)
Monday May 25, 2015, 12:15 pm


Angelika, please consider signing and sharing:

Unterstützen Sie die deutsche Kampagne zur Stilllegung der Drohnen-Relaisstation auf der Air Base Ramstein

and here's the petition

Support German Campaign to Remove Ramstein Drone Relay

THANK YOU

by the by, check this out

http://www.syrianperspective.com/2015/05/the-battle-for-palmyra-what-really-happened-according-to-our-military-sources.html
 

Angelika R (143)
Monday May 25, 2015, 2:00 pm
thx Parsifal, done and added link onto Sabine's thread for the other petition
(http://www.care2.com/news/member/652195743/3882312)
 
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