News / USA

US Judge: NSA Phone Data Collection Likely Unconstitutional

An undated aerial handout photo shows the National Security Agency (NSA) headquarters building in Fort Meade, Maryland.
An undated aerial handout photo shows the National Security Agency (NSA) headquarters building in Fort Meade, Maryland.
Reuters
The U.S. government's gathering of Americans' phone records is likely unlawful, a judge ruled on Monday, raising “serious doubts” about the value of the National Security Agency's so-called metadata counter terrorism program.
 
“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,”  U.S. District Judge Richard Leon, appointed by Republican President George W. Bush in 2002, wrote in a 68-page ruling.
 
The U.S. Department of Justice said it was reviewing the ruling in a case brought by Larry Klayman, a conservative lawyer, and Charles Strange, described in court documents as the father of a cryptologist technician for the NSA who was killed in Afghanistan in 2011. The judge ordered the government to stop collecting data about the two plaintiffs, who were Verizon Communications Inc customers. Verizon declined comment.
 
“We believe the program is constitutional as previous judges have found,” Department of Justice spokesman Andrew Ames said in a statement.
 
Leon suspended enforcement of his injunction against the program “in light of the significant national security interests at stake in this case and the novelty of the constitutional issues” pending an expected appeal by the government. A U.S. official said an appeal was likely.
 
Leon expressed skepticism of the program's value, writing that the government could not cite a single instance in which the bulk data actually stopped an imminent 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 wrote.
 
That is important, he added, because for the program to be constitutional, the government must show its effectiveness outweighs privacy interests.
 
Leaks
 
Former NSA contractor Edward Snowden revealed the massive phone record collection to U.S. and British media in June. Documents provided by Snowden showed that a U.S. surveillance court had secretly approved the collection of millions of raw daily phone records in America, such as the length of calls and the numbers that are dialed.
 
Snowden, in a statement sent by journalist Glenn Greenwald, applauded the ruling.
 
“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,” he said. “Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans' rights. It is the first of many.”
 
In its defense, the NSA says the data collected are key to spotting possible terrorism plots and do not include the recording of actual phone conversations. Judge Leon wrote, however, that the program likely violated Americans' right to be free of unreasonable searches.
 
Gen. Michael Hayden, former director of both NSA and the Central Intelligence Agency, said the metadata made a contribution to weaving the “tapestry of intelligence” and that judges “are not really in a good position to judge the merits of intelligence collection programs.”
 
An Obama administration official said that on 35 occasions in the past, 15 separate judges assigned to the secretive Foreign Intelligence Surveillance court had declared bulk communications of telephone metadata lawful.
 
Judge Leon has issued headline-making rulings before. In 2011 he blocked cigarette-warning labels that showed graphic images such as a man with a hole in his throat, saying they were unlawful compelled speech, and this year he ruled that the Federal Reserve ignored the intent of Congress in a case about debit card swipe fees.
 
Greg Nojeim, senior counsel at the Center for Democracy and Technology, a nonprofit group in Washington, said the ruling “means that the NSA bulk collection program is skating on thin constitutional ice.”
 
In defending the data collection, U.S. Justice Department lawyers have relied in part on a 1979 ruling from the U.S. Supreme Court that said people have little privacy interest when it comes to records held by a third party such as a phone company.
 
Leon wrote that the latest circumstances were different.
 
“The government, in its understandable zeal to protect our homeland, has crafted a counter terrorism program with respect to telephone metadata that strikes the balance based in large part on a 34-year-old Supreme Court precedent, the relevance of which has been eclipsed by technological advances and a cell phone-centric lifestyle heretofore inconceivable,” he wrote.
 
Greenwald, a former columnist for The Guardian who wrote about the metadata collection program based on documents leaked to him by Snowden, praised the court ruling.
 
“This is a huge vindication for Edward Snowden and our reporting. Snowden came forward precisely because he knew that the NSA was secretly violating the constitutional rights of his fellow citizens, and a federal court ruled today that this is exactly what has been happening,” Greenwald said in an email.
 
A committee of experts appointed by the Obama administration to review NSA activities is expected to recommend that the spy agency give up collection of masses of metadata and instead require telephone companies to hold onto it so it can be searched. But intelligence officials and the phone companies themselves are said to oppose such a plan.

You May Like

Changing Under Pressure, IS ‘Potent’ as Ever

US intel officials describe Ramadi's fall as concerning, but say it isn't emblematic of larger effort to degrade IS capabilities More

Nigeria Fuel Shortage Shows Fragility of Africa’s Oil Giant

Although it is the largest oil producer in Africa, country has nearly ran out of fuel it needs to power its generators, cars and airplanes over the past week More

Arrested Football Officials Come Mainly From the Americas

US Justice Department alleges defendants participated in 24-year scheme to enrich themselves through corruption of international soccer More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
3D Printer Makes Replica of Iconic Sports Cari
|| 0:00:00
...    
🔇
X
George Putic
May 27, 2015 9:31 PM
Cars with parts made by 3D printers are already on the road, but engineers are still learning about this new technology. While testing the possibility of printing an entire car, researchers at the U.S. Department of Energy recently created an electric-powered replica of an iconic sports roadster. VOA’s George Putic has more.
Video

Video 3D Printer Makes Replica of Iconic Sports Car

Cars with parts made by 3D printers are already on the road, but engineers are still learning about this new technology. While testing the possibility of printing an entire car, researchers at the U.S. Department of Energy recently created an electric-powered replica of an iconic sports roadster. VOA’s George Putic has more.
Video

Video US Voters Seek Answers From Presidential Candidates on IS Gains

The growth of the Islamic State militant group in Iraq and Syria comes as the 2016 U.S. presidential campaign kicks off in the Midwest state of Iowa.   As VOA’s Kane Farabaugh reports, voters want to know how the candidates would handle recent militant gains in the Middle East.
Video

Video A Small Oasis on Kabul's Outskirts Provides Relief From Security Tensions

When people in Kabul want to get away from the city and relax, many choose Qargha Lake, a small resort on the outskirts of Kabul. Ayesha Tanzeem visited and talked with people about the precious oasis.
Video

Video Film Festival Looks at Indigenous Peoples, Culture Conflict

A recent Los Angeles film festival highlighted the plight of people caught between two cultures. Mike O'Sullivan has more on the the Garifuna International Film Festival, a Los Angeles forum created by a woman from Central America who wants the world to know more about her culture.
Video

Video Kenyans Lament Losing Sons to al-Shabab

There is agony, fear and lost hope in the Kenyan town of Isiolo, a key target of a new al-Shabab recruitment drive. VOA's Mohammed Yusuf visits Isiolo to speak with families and at least one man who says he was a recruiter.
Video

Video Scientists Say Plankton More Important Than Previously Thought

Tiny ocean creatures called plankton are mostly thought of as food for whales and other large marine animals, but a four-year global study discovered, among other things, that plankton are a major source of oxygen on our planet. VOA’s George Putic reports.
Video

Video US-led Coalition Gives Some Weapons to Iraqi Troops

In a video released Tuesday from the Iraqi Ministry of Defense, Iraqi forces and U.S.-led coalition troops survey a cache of weapons supplied to help Iraq liberate Mosul from Islamic State group. According to a statement provided with the video, the ministry and the U.S.-led coaltion troops have started ''supplying the 16th army division with medium and light weapons in preparation to liberate Mosul and nearby areas from Da'esh (Arabic acronym for Islamic State group).''
Video

Video Amnesty International: 'Overwhelming Evidence' of War Crimes in Ukraine

Human rights group Amnesty International says there is overwhelming evidence of ongoing war crimes in Ukraine, despite a tentative cease-fire with pro-Russian rebels. Researchers interviewed more than 30 prisoners from both sides of the conflict and all but one said they were tortured. Henry Ridgwell reports for VOA from London.
Video

Video Washington Parade Honors Those Killed Serving in US Military

Every year, on the last Monday in the month of May, millions of Americans honor the memories of those killed while serving in the armed forces. Memorial Day is a tradition that dates back to the 19th Century. While many people celebrate the federal holiday with a barbecue and a day off from work, for those who’ve served in the military, it’s a special day to remember those who made the ultimate sacrifice. Arash Arabasadi reports for VOA from Washington.
Video

Video Kenya’s Capital Sees Rise in Shisha Parlors

In Kenya, the smoking of shisha, a type of flavored tobacco, is the latest craze. Patrons are flocking to shisha parlors to smoke and socialize. But the practice can be addictive and harmful, though many dabblers may not realize the dangers, according to a new review. Lenny Ruvaga has more on the story for VOA from Nairobi, Kenya.
Video

Video Rolling Thunder Run Reveals Changed Attitudes Towards Vietnam War

For many US war veterans, the Memorial Day holiday is an opportunity to look back at a divisive conflict in the nation’s history and to remember those who did not make it home.
Video

Video Female American Soldiers: Healing Through Filmmaking

According to the United States Defense Department, there are more than 200-thousand women serving in the U.S. Armed Forces.  Like their male counterparts, females have experiences that can be very traumatic.  VOA's Bernard Shusman tells us about a program that is helping some American women in the military heal through filmmaking.

VOA Blogs