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Federal Appeals Court Rules Mass NSA Spying On US Citizens Not Authorized By Patriot Act
While Edward Snowden may be legally charged for treason in the US (even as he gets his own statue in Berlin), his contributions to US civil rights just got a huge validation by none other than the Federal appeals court which ruled moments ago that the National Security Agency’s controversial collection of millions of Americans’ phone records isn't authorized by the Patriot Act, as the Bush and Obama administrations have long maintained.
It would appear America's transformation into a "Big Brother" police state is not endorsed by every branch of the government after all.
As the WSJ reports, the ruling by the three-judge panel in New York "comes at a delicate point in the national debate over government surveillance, as Section 215 of the Patriot Act is due to expire next month and lawmakers are haggling about whether to renew it, modify it, or let it die."
The court’s ruling came in a lawsuit by the American Civil Liberties Union arguing the data collection should be stopped because it violates Americans’ privacy rights. A lower court judge ruled the program was constitutional, and the civil liberties group appealed, leading to Thursday’s decision.
“The text of (Section 215) cannot bear the weight the government asks us to assign to it, and...does not authorize the telephone metadata program,’’ the court wrote.
Ironically, the court declined to address the issue of whether the program violates Americans’ rights, because, they found, it was never properly authorized by existing law.
Of course, had it been authorized, the logical implication is that it would have been a violation, however score two for the government which not only did not legally implement mass spying on its citizens, but proceed to do so for years while violating the constitution.
But before anyone gets concerned that all their data will no longer be "backed up" by the NSA, fear not: the judges didn't order the collection to stop, noting that the legislative debate and the looming expiration of Section 215 will force action on the issue one way or another.
The judges also note that if Congress decides to approve some version of the phone data collection program in coming days, then the privacy issue could be revisited in court.
The panel sent the case back to the lower court judge for further review based on the appeals court findings.
So to summarize: the NSA massive telephonic data collection is not legal, but it is still allowed to continue indefinitely. Even Turkey would approve.
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lol NSA too big to fail data collector
Pelosi says it's fine as long as they don't spy on Congress. What do they have to hide?
Jesus H Mohammed. Such double talking nothingness. FUCK THIS PIECE OF SHIT GOVERNMENT AND ALL OF ITS STOOGES!!!!!!!!!!!!!!!
snowden 2016
If NSA "stops" doing it, their contractors will just do it for them.
Ho hum.
There is only one branch of government.
I'm so disappointed by this news!
Cause I was getting so close to convincing the NSA I'm an ET from the planet Muon-X3.2 by constantly talking on my cell phone in fluent Muonese
I've must have insulted one of their Muonian agents listening in..
I am sure many people have been a lot more cautious since that shit was initially revealed, so I am guessing they need to lull everyone back into a false sense of privacy.
"The court said we can't do it anymore citizen, so feel free to resume washing your balls in kool-aid while eating edamame on Sundays, we promise we won't take blackmail photos"
If you think about smart phones and the two cameras on it, one might be inclined to believe the NSA has a snapshot of everyone's Ohhhhh face and money shot. Just sayin'. When the Nazis fell, Germans were allowed to see their files that the Nazis held on them. I can't wait to watch my "best of" mivoe reel.
Do you think they will blackmail the judge?
That or a nail gun malfunction.
... and ... what the US taxpayers would have to say about this? >>> Pentagon employees used govt credit cards for ‘gambling, escorts,’ audit reveals >>> http://rt.com/usa/256549-pentagon-gambling-escorts-cards/
The banksters have the Supreme Court right where they want. They will overrule an Appeals Court ruling. Remember when a certain Judge Davis ruled against Microsoft (the NSAs favorite software company) and then next day the Appeals Court overruled him and removed him from the case? If you think the Langley Nazis are going to let a couple of honest judges put them out of business then you are not onlyl kidding yourself but you are clearly in the market for a couple of bridges in the New York area.
Not me. I say shit on the phone and in email all the time that should pique their criminal psychotic interest. Everyone should do it.
Hang them for treason. Every single one of those mother butters.
The fourth amendment was written for a reason.
Arm yourselves.
Yes, the constitution was written for a reason. But not any more. Now it's only there so sheeple still think they live in a free society. It's how you control 300 million with only a few soldiers. Baffle em with bullshit, aka psyops.
That would be the "I got a phone and a pen" branch.
"If NSA "stops" doing it, their contractors will just do it for them."
You mean their contractors from Israel will continue doing it for them?
Check it out, boys and girls, Perseus says that Booz Allen Hamilton is headquartered in Tel Aviv!
A one-note symphony of pollution.
AMDOCS is another company there that collects your phone records.
Speaking of spying. Watched a refrigerator transmitting your data. On back panel was a wifi icon. On the circuit board another, which is pretty easy to disconnect as it's a plug connection.
Oh yes. Bitcoin is the greatest, and israel too! I luv bitcoin and israel, oh yes bitcoin and israel. How can you not luv bitcoin and israel boys and girls. I know i luv bitcoin and israel. Oh I luv it boys and girls, bitcoin and israel.
No one has had the balls yet so here goes. FUCK YOU asswipe.
Yep, laws mean nothing when the equipment and systems are insecure to begin with. Honor system only works if the people are honorable in the first place.
Section 215 would have never happened lawful or not if the infrastructure was properly secured in the first place.
https://en.wikipedia.org/wiki/Mobile_IP
http://www.tcpipguide.com/free/t_MobileIPOverviewHistoryandMotivation-3.htm
https://en.wikipedia.org/wiki/Proxy_ARP
...
The advantage of Proxy ARP over other networking schemes is simplicity. A network can be extended using this technique without the knowledge of the upstream router.
...
Disadvantage of Proxy ARP include scalability (ARP resolution is required for every device routed in this manner) and reliability (no fallback mechanism is present, and masquerading can be confusing in some environments). ARP manipulation techniques, however, are the basis for protocols providing redundancy on broadcast networks (e.g., Ethernet), most notably CARP and Virtual Router Redundancy Protocol.
Proxy ARP can create DoS attacks on networks if misconfigured. For example, a misconfigured router with proxy ARP has the ability to receive packets destined for other hosts (as it gives its own MAC address in response to ARP requests for other hosts/routers), but may not have the ability to correctly forward these packets on to their final destination, thus blackholing the traffic.
Proxy ARP can "hide" device misconfigurations, such as a missing or incorrect default gateway.
...
"If NSA "stops" doing it, their contractors will just do it for them."
Bingo! Or, they'll work out a deal with England or someone else, one of those "we'll bulk collect all your citizen's data, you bulk collect our citizen's data, and we'll swap" deals.
Funny thing about "intelligence" services. In every single case they eventually take over and become the government. Every. Single. Time.
Yup, or their foreign partners (FVEY).
This is going to change nothing. Since there are no checks on their abuse by the general public, the NSA can do what it wants.
Rogue government is what we have. Everything is secret.
Makes you feel warm and fuzzy that a court can declare something null and void, but if there is no way to determine compliance, well, let's just say the honor system is not applicable to these people.
pods
It provides political candidates with a potential talking point. I hope some candidates embrace that talking point, and make it part of their platform.
And Oswald acted alone.
I hope some candidate...
Cadidates ARE the problem. Leave politics behind, it has done nothing for you.
Let's trade Russia, Obama for Snowden! We'll probably have to throw in some cash and gold, maybe Hawaii too.
I don't suggest a trade. If I put out my real thoughts, the Secret Service would visit me once again.
They already know them. ;D
Is that you, Ted? Get video.
Even N. Korea's constitution guarantees freedom of the press, expression and speech. They even have elections every 5 years, although only on candidate is ever on it.
The Constitution is really just a "god damned piece of paper" until the will of the people cram it into every orifice of the ruling class by force and deport them to one of the 3rd world shitholes they created.
And, IMHO, the people can do that by getting actively involved in PRIMARY elections and LOCAL elections.
Such naivety.
Makes me think of the Good, the Bad and the Ugly.
"Such ingratitude after all the times I saved your life."
I'm guessing you won't understand TheGreatRecovery
I liked the Ugly. :-)
Any office that matters has vetted candidates and favorable district lines to ensure their election.
If voting changed anything, they'd make it illegal.
NSA = TBTJ
Questions?
http://www.newrepublic.com/article/politics/rhetorical-question
Rather than build up the credentials of a party deeply mistrusted by the public on foreign affairs, Biden often seems more interested in advertising his own accomplishments. In the wake of the 1995 Oklahoma City bombing, Biden did, in fact, champion an anti-terrorism bill similar to the one now before Congress (though it was, as he complains, badly watered down by anti-government conservatives and leftist civil libertarians). And Biden doesn't let you forget it. "I introduced the terrorism bill in '94 that had a lot of these things in it," he bragged to NBC's Tim Russert on September 30. When I spent the day with him later that week, Biden mentioned the legislation to me, and to several other reporters he encountered, no fewer than seven times. "When I was chairman in '94 I introduced a major antiterrorism bill--back then," he says in the morning, flashing a knowing grin and pausing for effect. (Never mind that he's gotten the year wrong.) Back in his office later that afternoon, he brings it up yet again. "I drafted a terrorism bill after the Oklahoma City bombing. And the bill John Ashcroft sent up was my bill." You don't say.
..
He's clearly guilty, we found a copy of the Constitution in his pocket.
He told us we weren't authorized to do this. We cuffed him.
He told us we weren't authorized to do this. Then, he broke his own neck.
FIFY.
This requires a serious face palm. WTF, over.
Outcome: Nothing, zip, nada, bullshit...these fuckers will do whatever they damn well please until someone gets a nail gun or a treadmill
Outcome: Nothing, zip, nada, bullshit...these fuckers will do whatever they damn well please as long as everyone obeys the guv.
FIFY
Oh? We have the funding, so we will keep on doing it anyway.
I almost went off on some Jirene officer in an email the other day about some business thing. These officers have this attitude that they are big defenders of the country. BS.
The whole military has not done their Constitutional duty since the Civil War when they should have arrested the bankster run US govt.
Instead they allowed a genocidal bankster war where 1 million American men were murdered for Euro-PEE-on bankster families of the dual shit-i-Zen variety.
So, a government court ruled that the government cannot spy on us. LOL, the bullshit is strong in this one.
The U.S. is Israel and we are all Palestinians
LMAO. Like the NSA gives a shit about what the courts say!
Right now the NSA is pulling the records on that judge to find out who he fucked and when, if he ever visitied gay porn sites, or travelled to Bangkok. The judge will be held up to ridicule and the MSM will jump on board and ridicule him further if they know what is good for them.
B I N G O
Placation of the masses. All's well. Till you end up in the camp's incinerator, alive.
I'm glad the courts ruled this, because it means that we can have a brand new act born through legislation to legitimize ALL this sort of activity, and Congreff can be kept hard at work thinking up, committing to writing, debating, dealing, being lobbied, and gesticulating loudly about this sort of thing, and of course employing armies of the Generally Unproductive to accomplish this goal, printing gobs of cash to fund it all and make it so.
The NSA is just a division of the global mafia. Yes they are useful and powerful. They probably notified Judge Roberts of the kiddie porn or something they found on his computer. They appear to own the Supreme Court, so lower court decisions are likeley irrelevant.
The pedophiles, perverts, voyeurs and peeping thoms at the NSA Stasi 2.0 work under the direction of the ZWO, for the purpose of blackmail of public officials and spying on the cattle.
They won't have to look for him having done something wrong. They will just plant the kiddie porn and then create a leak to get him caught.
-- "We don't burn people at the stake anymore. We ruin their lives with smear campaigns and IRS audits."
NSA loves this. Now the public thinks that since it is not authroized, the NSA will stop. A Genie can be put back in the bottle!!
Isn't that why they've got us all under surveillance in the first place? Just ask Elliot Spitzer how far he got with that banking industry investigation.
they won't hold him up to ridicule publically. They WILL drop a dossier on his desk with real and or "created' situational details/picture that WOULD shoot his career publically. From now on "his' opinions will be "ghostwritten" by a more "enlightened" mind and dropped on his desk for his signature.
..
Meaningless. They will still continue to do it, with or without a "bill".
The judge sees clearly but values his life.
Nawh. The judges purposefully stated it was not authorized at the direction of the NSA. This creates the illusion the NSA will stop. They can now go back in the closet.
false flag in 3, 2, ...
Fuck the NSA. Sign up: https://protonmail.ch/
Thank goodness. But now try to get the courts ruling enforced.
The Cherokee Nation sued the Federal Government (Worcester v. Georgia) over the theft of their Land by the State of Georgia, which led to their "Removal" to Oklahoma in the Trail of Tears.
Miraculously, the Supreme Court ruled that the States had no power to take land from Indiginous People. The Chief Justice at the time was John Marshall. The President, Andrew ("Andy") Jackson, who "graces" (besmirches) the $20 bill today, was a renowned "Indian Fighter" who completely rejected the decision.
Andy Jackson's exact words (most likely): "John Marshall has made his decision; now let him enforce it!"
Seems like the NSA is justing working on "legal precedent" here; the legal precedent is The Middle Finger to the Judicial Branch. Perhaps they can name the NSA Legal Department Building after Andrew Jackson.
-1 from me.
'Besmirches' the $20 bill? Bull-fucking-shit! With the exception of GW, Andrew Jackson is the only President on US currency who's worth a flying fuck. The trail of tears--albeit a portion of a huge tragedy that spanned decades--fades into insignificance when compared to the good AJ did by killing the Federal Reserve's predecessor: The Second Bank of the US.
Here's one of AJ's quotes in that regard:
"Gentlemen! I too have been a close observer of the doings of the Bank of the United States. I have had men watching you for a long time, and am convinced that you have used the funds of the bank to speculate in the breadstuffs of the country.
When you won, you divided the profits amongst you, and when you lost, you charged it to the bank. You tell me that if I take the deposits from the bank and annul its charter I shall ruin ten thousand families. That may be true, gentlemen, but that is your sin!
Should I let you go on, you will ruin fifty thousand families, and that would be my sin! You are a den of vipers and thieves. I have determined to rout you out, and by the Eternal, (bringing his fist down on the table) I will rout you out."
From the original minutes of the Philadelphia bankers sent to meet with President Jackson February 1834, from Andrew Jackson and the Bank of the United States (1928) by Stan V. Henkels
Yep, they're dead. soon to be over ruled by Roberts the "constitutionalist".
He has to protect "the children", ya know......
Wow, who told you?
Adoption rules are just too strict when you're the Chief Justice. So we cut some corners, and then we got blackmailed.
The lesson is, don't cut corners. It can come back to bite you in the ass.
"So to summarize: the NSA massive telephonic data collection is not legal, but it is still allowed to continue indefinitely. Even Turkey would approve."
Amazing how certain issues get quick court action. The courts give swift and decisive action to overturn state referendums (illegals, lgbt's). While something of national importance as an issue as this gets essentially a pass to continue on it's merry way.
Obama and the Congress do not have to abide by laws so the rulling is a waste of time.
When Judge Judy was asked her opinion of the NSA, she refused to comment about it and when asked why she pointed to her forehead and added "do I have STUPID written up here?"
And the perp walk begins when.....yep as I thought.
So this is just a message to CONgress to pass a more draconian version of the Patriot Act, and do it quickly, as we would hate to interrupt the current NSA continuous surveillance of everyone/everything, as no doubt thousands of 'terrists' would slip through if we stopped watching for even a moment. The critical nature of the spying effort is indicated by the court's finding that it is illegal, but so important that we cannot bring ourselves to make it stop. The only allowable solution is to rewrite the law to make criminal behavior legal; after all, the law is just what we say it is, and the need to surveil everyone is critical to our continued survival and dominance, as it is pretty obvious that everyone is out to get us.
Fishhawk
Critical wording: "any person or entity that questions or challenges the legality of The Patriot Act with be considered an enemy combatant, and dealt with under the enemy combatant provisions of The Patriot Act"
Damn America-hating liberal activist judges!
What is "liberal" about spying on citizens? I thought "liberal" meant allowing your neighbors to do what they wanted, to experiment on their own, and "conservative" meant trying to tell your neighbors what to do and how to do it.
The Spanish Inquistion was "conservative", not "liberal".
Franco, Hitler, and Mussolini were "conservative", not "liberal".
King George was "conservative", not "liberal".
The War on Drugs is "conservative", not "liberal".
The Patriot Act is "conservative", not "liberal".
Sarcasm. Learn it.
Oh. Well, never mind. :-)
P.S. MY sarcasm looks like................... :^).
Because domestic spying worked so well last weekend. Or maybe it did?
Federal Spy Court judge in resonse [smiling wryly]: "Overruled!"
How about "frivilous"! With no explanation whatsoever!
As stated by others above.
Even if they rule it illegal they will kepp doing it forever.
We have no fucking rights in their eyes and they can do whatever the fuck they want with us!!
Wake up mother fuckers!
This is all kinda silly. There is no law to prevent a private corp to gather any and all data from Americans. So no matter what bullshit happens after the fact all NSA has to do to remain legal would be to contract a private company and task them with data gathering. Then they hire another company to sift through it... and then they purchase that data.wash, rinse, repeat as necessary. All 100% legal, thus the beauty of private corporations.....
This is all a bullshit show for the gen-pop.
The proles have had three decades of programing, there not going to wake up any time soon, It'll take twenty years of deprograming or a combat boot grinding their faces into the ground. which ever comes first!
We've been conquered by the globalists without a shot fired and the federal government is no longer a legitimate American governing body in my opinion. When the rule of law no longer matters. When freedom of speech, freedom of religion, and the right to bear arms is considered radical. When the Clintons can take millions from foreign interests and nothing happens and in fact she is likely in line to become the next president. What does that tell you? When Obama can negotiate a treaty in secrecy and no one speaks out. Why? When the NSA can spy on every American without a warrant then you are a conquered people.
The only way to stop this now is to burn it all down. Very sadly that is the only answer now.
Even the courts are right in your face with rights violations. http://libertycrier.com/t/michigan-woman-calls-on-state-officials-to-intervene-in-corrupt-federal-prosecution/196
Disgusting travesty.
"and the federal government is no longer a legitimate American governing body in my opinion."
No opionion necessary. See the Act of 1871. There hasn't been a legitimate American governing body for a long time. All private corporations providing "government services".
DUNS Numbers... just a few
United States Government-052714196
US Department of Justice (DOJ)-011669674
US Department of State-026276622
Think out of the box. Your post sounds constrained.
So what? Will they care about that?
Rand stands with israel!
Rand stands with enemies of the united States, foreign and domestic. All the CFR scum, their cronies and tools.
$1 he goes to Bilderberg...
And what politician is going to challenge the NSA? They've all been comprimised.
I'm sure that the NSA is full of some very patriotic, and intelligent people, However, they either have the hubris to think they are smarter than those they take orders from, or are somehow comprimised themselves. Or, perhaps they don't view the average US citizen as their peers, but rather as inferior animals to be monitored and herded? I can't imagine an NSA worker who had any objections to subverting the Constitution/Bill of Rights would be tasked to do this type of work anyhow. The problem is that there aren't enough "Snowdens" coming out to prevent the rest of the agency employees to not be lumped in with the real assholes. They'll all be painted with the same brush as a result.
time for total revolution and house cleaning
There comes a point that everyone starts getting scared. We are there.
This is only the climate being set for the impending election. This isn't even close to what they did before the 1980 election. In 1968 they were shooting and killing candidates. Patience. Don't get baited into traps.
The Second Circuit Judges are stooges of Schumer. Their opinion is full of sound and fury signifying nothing, but an apology for ubiquitous federal judicial malfeasance without a remedy. (The Second Federal Circuit covers the federal courts of NY,CT and VT)
Great, so they are now guilty of crimes against the state and will be dismantled and jailed... Now I can go back to my conversation with the Easter Bunny
Judges are part of the USG problem, not a solution
Ordo ab something
http://www.theglobeandmail.com/news/politics/conservatives-pass-anti-ter...
CONGRATS TO CANADA!
Snowden did not commit treason. He aided and abetted the American people. He committed treason only in they eyes of those who view the American people as enemies.
Any benefit to foreign nations was secondary and inevitable, given our Freedom of the Press.
So, why do we not get Case Cites? It would be interesting to see what the relief requested was and what the actual holding is. The Case number woul dbe a big help.
Duplicates are easy to accidently make.
I think this just prompted Executive Order #8486. Those are executed via Tweets now.
This will give them a reason to say and pretend that they have stopped.
Does this mean we don't have to worry about what we post on ZH?
While free to indulge in electronic surveillance...I mean, what's good for the goose...
We better see some prison sentences quick.
They will appeal to the Supreme Court which has been both bought by and infiltrated by Zionists. The ruling will be overturned, and they will tell you optimistic wankers get back to your jobs flipping pancakes and serving burgers.
'
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the court declined to address the issue of whether the program violates Americans’ rights, because, they found, it was never properly authorized by existing law.
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This kind of mealy-mouthed, gutless, horse-shit circular reasoning is going to get some bullets in people's heads, evenutally.
If you spoke to your mom like this, "You didn't tell me that I couldn't eat that desert before supper!" she'd a warmed your ass up so fast…
•j•
V-V
This type of collection could be explicitly banned and they'd still do it. You don't build the level of infrastructure they have and not use it.
It will only stop when they're technically incapable of performing the spying. This can be due to universal encryption, data centers laying in ruin or an EMP-smoked grid, but it's going to take that level of interference before there's no spying.
When Snowden was doing all the stuff he spilled the beans about, he wasn't working for NSA. He was working for Booz/Allen/Hamilton. So the Constitutional bans and the legal limitations had no application. Those things only apply to branches of the Federal Government, like the NSA. Now, of course, we all know who is directing what and to what end. But in a courtroom, the NSA hasn't done anything wrong in that case, have they?
Even if this ruling meant anything, which it doesn't, all it would mean is that some new shell corporation would be formed to do all the dirty work, and then data would accidentally be left lying around, and an NSA operative would, just in the course of doing his duties, have to look at it to see what it was, and voila. Or Congress could pass a flagrantly unConstitutional law authorizing it, but it would take the better part of a decade to get the right plaintiffs with the right standing to bring the right case on the exactly right point of law into the courts, by which time NSA would have another workaround (reacharound?).
I hate to be cynical but I can do it when a situation requires. This is just shit Empires and their secret police do. All a person can do is be informed and realistic.
So laws and constituitionality only apply to governemnt?
There is no putting this gennie back in the bottle. The only good way to resolve this is to give access to a third party. They cannot be trusted to tone it down or scale it back. The NSA has no track record of obeying any law/court ever. Even now we dont have a clue about the extent or targets or actual actions taken against US serfs.
If we were to have any good opinions on any of this we would need some form of real disclosure. So far to date they have only hinted at how much they collect. Not a peep about how it is used or the real goals of of it.
Dance around it all ya want. No better tool to go after corruption exsist. No action other than third party access would make even the smallest dent in this. My take is they would burn it all before granting any third party access. Keep in mind they do things with this info. It is not for passive reasons.
This brings me to a few good questions.
Who has access? What actions have they taken? Against who?
Have they broken the social contract? Do they swipe IP and other inventions?Do they keep naked pics of our wives and children? Here is the thing about that. We cant trust them to be truthfull about it. Because trust is earned and I see no valid reason to trust them at all.
Do they have a rating system for civilians ie shit/hit lists? Who is on the lists and what do they intend to do with people on these lists.
I say no. Disclosure first then we can talk about how best to deal with it. That corruption is rampent is proof this system is not being used for any honest reason. Its about the true prorities and actual actions these agencies have taken as in past tense.
Its funny we dont know jack about these clowns or what they are really doing. We dont even know who we a chatting with on ZH but they do.
This judge is yanking our chains. Handing us a big fat red herring. For our security we need third party access to these systems. Anything else is smoke and mirrors. Even if they said they would scale it back we could not verifiy it.
Even if the court told NSA to stop spying on Americans, who is there to make sure they don't? I think the only reason Section 215 was passed was because it was something NSA was doing already and they just were trying to legitimize it.
NSA, the online backup of last resort. Hah! My cola just came out my nose.
So now, if my hard drive crashes, I can no longer call Keith and ask for their backup copy?