NSA vs. Privacy

Lands' End

Model wearing a women's plus size half sleeve cowlneck sweater dress.  It looks black to me, but the designers claim the color is dark spruce heather. What the devil is that? Do women see color different from men? 

Judge Says That The NSA Can Listen To Your Phones

By Dr. Sinclair Grey III

Dec. 29, 2013

"I understand this deeply. In the short, we are screwed! There are a series of solutions, but they will remain dormant within us by our will and non action." - Gregory E. Woods 

So you thought your phone calls were safe. Think again. The National Security Agency’s program that collects records on phone calls from millions of Americans is lawful according to a federal judge ruling calling it ‘counter-punch to terrorism that does not violate Americans’ privacy rights.” This ruling by U.S. District Judge William Pauley of Manhattan disagreed with the ruling by another judge earlier this month questioning its constitutionality.

The ACLU (American Civil Liberties Union) had contended that the collection of data by the NSA program was unconstitutional under the Fourth Amendment of the United States Constitution.  In his decision, Judge Pauley dismissed the notion.  With his decision, Judge Pauley noted that counter terrorism programs could prevent tragic events from happening such as September 11th 2001.


Judge Pauley said, “This blunt tool only works because it collects everything. Technology allowed al Qaeda to operate decentralized and plot international terrorist attacks remotely. The bulk telephony metadata collection program represents the government’s counter-punch.”

Edward Snowden, the former NSA contractor disclosed NSA’s program. Since his disclosure, there has been tremendous debate about how much leeway to give the government. [Snowden is in Russia under temporarily asylum]

ACLU PLANS APPEAL

“Pauley ruled 11 days after U.S. District Judge Richard Leon in Washington, D.C. said the ‘almost Orwellian’ NSA program amounted to an ‘indiscriminate and arbitrary invasion’ that was likely unconstitutional.

Leon also ordered the government to stop collecting call data on the two plaintiffs in that case, but suspended that portion of his decision so the government could appeal.”

The ACLU contends that the NSA program violates the constitutional rights of Americans. According to their observation, it’s an ‘unwarranted dramatic expansion of the government’s investigative powers.’ The ACLU will appeal to the 2nd U.S. Circuit Court of Appeals in New York.

“Stephen Vladeck, an American University law professor who specializes in national security, said if federal appeals courts in New York or Washington, D.C. ultimately accept Leon’s analysis, then it seems likely, if not certain, that this case will get to the (Supreme Court) by the end of next year.

President Barack Obama has defended the surveillance program but has indicated a willingness to consider constraints, including whether to give control of metadata to phone companies or other third parties. Intelligence officials have said this could prove costly and slow investigations.”

The privacy of Americans is a stake here. With calls being monitored to, from, and within the United States, it seems as though the debate will continue. Judge Pauley added in his ruling, ‘no evidence was found that the government had used bulk telephony metadata for any reason other than to investigate and disrupt terrorist attacks.’

“Larry Klayman, a conservative legal activist who brought the case before Judge Leon, called Pauley’s ruling an outrageous decision that ignores the legitimate fears of the American people and in effect rubber stamps a police state.”

The 1979 Supreme Court case – Smith v. Maryland was interpreted as people having ‘no legitimate expectation of privacy’ regarding phone numbers they dial.

The case is American Civil Liberties Union et al v. Clapper et al, U.S. District Court, Southern District of New York, No. 13-03994.

Source: Reuters


Dr. Sinclair Grey III is an inspirational speaker, motivator, author, organizer and liberator of persons from all intellectual, social and cultural walks of life. He is a committed advocate for communal change. Email: drgrey@sinclairgrey.org. Follow on Twitter: @drsinclairgrey