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Judge: NSA Progam Likely Unconstitutional, Snowden Comments

Snowden Ruling Justifies the Release of Documents

Edward Snowden in Moscow, from Sunshine Press/Getty Images.
Edward Snowden in Moscow, from Sunshine Press/Getty Images.

According to Edward Snowden  the ruling by U.S. District Court Judge Richard Leon, justified his disclosures:

“I acted on my belief that the NSA’s mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts. Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many,”

Snowden’s statement was released through Glenn Greenwald and first reported by the New York Times.

 

Judge: “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen

A federal judge ruled Monday that the National Security Agency’s phone surveillance program is likely unconstitutional, Politico reports.

U.S. District Court Judge Richard Leon said that the agency’s controversial program, first unveiled by former government contractor Edward Snowden earlier this year, appears to violate the Constitution’s Fourth Amendment, which states that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval,” Leon wrote in the ruling.

The federal ruling came down after activist Larry Klayman filed a lawsuit in June over the program. The suit claimed that the NSA’s surveillance “violates the U.S. Constitution and also federal laws, including, but not limited to, the outrageous breach of privacy, freedom of speech, freedom of association, and the due process rights of American citizens.”

Read the full ruling below:

D.C. District Court NSA Opinion

A federal judge ruled Monday that the National Security Agency’s bulk collection of phone records violates the Constitution’s ban on unreasonable searches, but put his decision on hold pending a near-certain government appeal.

U.S. District Court Judge Richard Leon granted a preliminary injunction sought by plaintiffs Larry Klayman and Charles Strange, concluding they were likely to prevail in their constitutional challenge. Leon, an appointee of former President George W. Bush, ruled Monday that the two men are likely to be able to show that their privacy interests outweigh the government’s interest in collecting the data. Leon says that means that massive collection program is an unreasonable search under the Constitution’s Fourth Amendment.

The collection program was disclosed by former NSA systems analyst Edward Snowden, provoking a heated debate over civil liberties. The Obama administration has defended the program as a crucial tool against terrorism.

But in his a 68-page, heavily footnoted opinion, Leon concluded that the government didn’t cite a single instance in which the program “actually stopped an imminent terrorist attack.”

“I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism,” he added.

He said was staying his ruling pending appeal “in light of the significant national security interests at stake in this case and the novelty of the constitutional issues.”

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