News / USA

    US Likely to Appeal Surveillance Ruling

    FILE - An undated aerial handout photo shows the National Security Agency (NSA) headquarters building in Fort Meade, Maryland.
    FILE - An undated aerial handout photo shows the National Security Agency (NSA) headquarters building in Fort Meade, Maryland.
    Matthew HilburnKen Bredemeier
    The U.S. government is expected to appeal a judge's ruling that the National Security Agency's secret collection of telephone records from millions of Americans is likely unconstitutional.

    The decision has triggered new conjecture about the legality of U.S. surveillance. Former national security contractor Edward Snowden, who leaked a vast trove of details about the U.S. spying before fleeing to asylum in Russia, praised the ruling, but two national security legal experts said in VOA interviews Tuesday that courts could ultimately uphold government surveillance programs.

    Robert Turner of the University of Virginia's Center for National Security Law said that a 1979 U.S. Supreme Court ruling upholding the collection of telephone data is still relevant even though cell phones had not been invented at the time, nor their widespread usage throughout the world even imagined.

    He compared the government's limited collection of telephone records - the numbers called, and the length and date of them, but not the content - to the much more intrusive searches of travelers at airports. Those searches have been ruled legal, and not a violation of the U.S. Constitution's prohibition of illegal searches of individuals.

    "Every court to consider the issue has said that these are lawful searches," said Turner. "They are lawful because in special needs situations, they balance the government's interests against the individual's interests. The courts have consistently ruled that the possibility that an airplane might be destroyed or hijacked outweighs the privacy interests to not be searched of the individuals."

    National security expert David Pozen of the Columbia University law school in New York also said Monday's ruling by Judge Richard Leon may not be upheld by a higher court, but could influence other legal cases and lawmakers' consideration of the scope of U.S. surveillance.

    "It kind of further legitimated the notion that the NSA was up to something deeply wrong, and I think may - before the courts ultimately decide on the legality of the program - may actually just help spur Congress to revise the program," said Pozen.

    In his ruling, Judge Leon said he "cannot imagine a more indiscriminate and arbitrary invasion" of peoples' privacy than the government's collection of such information without prior judicial approval. In ruling on a court challenge to the surveillance, Leon said the spying "surely" infringes on the U.S. Constitution's prohibition against illegal searches.

    Leon did not immediately enforce his ruling, giving the government a chance to appeal the decision to a higher court.

    U.S. President Barack Obama met Tuesday with the heads of leading technology companies who have voiced concern about the scope of U.S. surveillance programs.

    The White House said Obama talked with the chiefs of Google, Yahoo, Apple, AT&T and other companies about their privacy concerns, as well as ways to improve the government's HealthCare.gov web site.

    Snowden leaked information about the telephone data collection earlier this year. It was among the first disclosures in the wave of leaks from the 1.7 million documents that the NSA says Snowden stole before fleeing first to Hong Kong and then to Russia.

    One NSA official assessing the damage of the Snowden leaks, Rick Ledgett, told the 60 Minutes TV news program on Sunday that Snowden made off with "the keys to the kingdom."

    U.S. officials have sought Snowden's extradition to stand trial on espionage charges, but Russia has refused.

    At the White House Monday, a spokesman said Snowden should be returned to the United States as soon as possible to stand trial on charges of leaking the classified information.

    Snowden wrote an open letter to the people of Brazil, published Tuesday in the newspaper Folha de São Paulo. In the letter he asks for asylum, the second time he’s done so. He already has requested asylum in a number of other countries.
     
    Snowden’s letter said that while some in the Brazilian government asked for his assistance in investigating the extent of U.S. surveillance there, he is unable to because “the United States government has worked very hard to limit my ability to do so… Until a country grants permanent political asylum, the U.S. government will continue to interfere with my ability to speak.”
     
    Snowden praises Brazil as “inspiring” because it’s a country that listened to his warning and is leading “the United Nations Human Rights Committee to recognize for the first time in history that privacy does not stop where the digital network starts, and that the mass surveillance of innocents is a violation of human rights.”
     
    Brazilian President Dilma Rousseff cancelled a state visit to Washington in October because of revelations that the United States monitored her personal communications and those of other Brazilians. Those allegations came from documents leaked by Snowden.

    You May Like

    In Britain, The Sun Still Doesn’t Shine

    Invoking Spitfires and Merlin, Leave voters insist country can be great again, following surprising 'Brexit' vote last week

    Double Wave of Suicide Bombings Puts Lebanon, Refugees on Edge

    Following suicide bombings in Christian town of Al-Qaa, on Lebanon's northeast border with Syria, fears of further bombings have risen

    US Senators Warned on Zika After Failing to Pass Funding

    Zika threats and challenges, as well as issues of contraception and vaccines, spelled out as lawmakers point fingers

    Featured Videos

    Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
    Slow Rebuilding Amid Boko Haram Destruction in Nigeria’s Northeasti
    X
    June 29, 2016 6:15 PM
    Military operations have chased Boko Haram out of towns and cities in Nigeria’s northeast since early last year. But it is only recently that people have begun returning to their homes in Adamawa state, near the border with Cameroon, to try to rebuild their lives. For VOA, Chris Stein traveled to the area and has this report.
    Video

    Video Slow Rebuilding Amid Boko Haram Destruction in Nigeria’s Northeast

    Military operations have chased Boko Haram out of towns and cities in Nigeria’s northeast since early last year. But it is only recently that people have begun returning to their homes in Adamawa state, near the border with Cameroon, to try to rebuild their lives. For VOA, Chris Stein traveled to the area and has this report.
    Video

    Video Clinton Leads Trump, But Many Voters Don't Like Either

    In the U.S. presidential race, most recent polls show Democrat Hillary Clinton with a steady lead over Republican Donald Trump as both presumptive party nominees prepare for their party conventions next month. Trump’s disapproval ratings have risen in some recent surveys, but Clinton also suffers from high negative ratings, suggesting both candidates have a lot of work to do to improve their images before the November election. VOA National correspondent Jim Malone has more from Washington.
    Video

    Video New US Ambassador to Somalia Faces Heavy Challenges

    The new U.S. envoy to Somalia, who was sworn into office Monday, will be the first American ambassador to that nation in 25 years. He will take up his post as Somalia faces a number of crucial issues, including insecurity, an upcoming election, and the potential closure of the Dadaab refugee camp in Kenya. VOA’s Jill Craig asked Somalis living in Kenya’s capital city Nairobi how they feel about the U.S. finally installing a new ambassador.
    Video

    Video At National Zoo, Captivating Animal Sculptures Illustrate Tragedy of Ocean Pollution

    The National Zoo in Washington, D.C., is home to about 1,800 animals, representing 300 species. But throughout the summer, visitors can also see other kinds of creatures there. They are larger-than-life animal sculptures that speak volumes about a global issue — the massive plastic pollution in our oceans. VOA's June Soh takes us to the zoo's special exhibit, called Washed Ashore: Art to Save the Sea.
    Video

    Video Baghdad Bikers Defy War with a Roar

    Baghdad is a city of contradictions. War is a constant. Explosions and kidnappings are part of daily life. But the Iraqi capital remains a thriving city, even if a little beat up. VOA's Sharon Behn reports on how some in Baghdad are defying the stereotype of a nation at war by pursuing a lifestyle known for its iconic symbols of rebellion: motorbikes, leather jackets and roaring engines.
    Video

    Video Melting Pot of Immigrants Working to Restore US Capitol Dome

    The American Iron Works company is one of the firms working to renovate the iconic U.S. Capitol Dome. The company employs immigrants of many different cultural and national backgrounds. VOA’s Arman Tarjimanyan has more.
    Video

    Video Testing Bamboo as Building Material

    For thousands of years various species of bamboo - one of the world's most versatile plants - have been used for diverse purposes ranging from food and medicine to textiles and construction. But its use on a large scale is hampered because it's not manufactured to specific standards but grown in the ground. A University of Pittsburgh professor is on track to changing that. VOA’s George Putic reports.
    Video

    Video Orphanage in Iraqi City Houses Kids Who Lost their Parents to Attacks by IS

    An orphanage in Iraqi Kurdistan has become home to scores of Yazidi children who lost their parents after Islamic State militants took over Sinjar in Iraq’s Nineveh Province in 2014. Iraqi Kurdish forces backed by the U.S. airstrikes have since recaptured Sinjar but the need for the care provided by the orphanage continues. VOA’s Kawa Omar filed this report narrated by Rob Raffaele.
    Video

    Video Re-Opening Old Wounds in a Bullet-Riddled Cultural Landmark

    A cultural landmark before Lebanon’s civil war transformed it into a nest of snipers, Beirut’s ‘Yellow House’ is once again set to play a crucial role in the city.  Built in a neo-Ottoman style in the 1920s, in September it is set to be re-opened as a ‘memory museum’ - its bullet-riddled walls and bunkered positions overlooking the city’s notorious ‘Green Line’ maintained for posterity. John Owens reports from Beirut.
    Video

    Video Brexit Resounds in US Presidential Contest

    Britain’s decision to leave the European Union is resounding in America’s presidential race. As VOA’s Michael Bowman reports, Republican presumptive nominee Donald Trump sees Britain’s move as an affirmation of his campaign’s core messages, while Democrat Hillary Clinton sees the episode as further evidence that Trump is unfit to be president.
    Video

    Video NASA Juno Spacecraft, Nearing Jupiter, to Shed Light on Gas Giant

    After a five-year journey, the spacecraft Juno is nearing its destination, the giant planet Jupiter, where it will enter orbit and start sending data back July 4th. As Mike O'Sullivan reports from Pasadena, California, the craft will pierce the veil of Jupiter's dense cloud cover to reveal its mysteries.
    Video

    Video Orlando Shooting Changes Debate on Gun Control

    It’s been nearly two weeks since the largest mass shooting ever in the United States. Despite public calls for tighter gun control laws, Congress is at an impasse. Democratic lawmakers resorted to a 1960s civil rights tactic to portray their frustration. VOA’s Carolyn Presutti explains how the Orlando, Florida shooting is changing the debate.

    Special Report

    Adrift The Invisible African Diaspora