Legal News

Federal Court Rules NSA Phone Surveillance Is Legal
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

While earlier this month, the U.S. District Court Judge Richard Leon had ruled that the NSA surveillance program may be unconstitutional, now U.S. District Judge William H. Pauley II has ruled the NSA surveillance program is legal, making the scene ripe for the issue to go before appeals courts.

Pauley said that the data collection program is a vital tool for the government in fighting terrorism. Providing arguments almost bordering on eminent domain, Pauley further added, “The right to be free from searches and seizures is fundamental, but not absolute.”He observed, “Every day, people voluntarily surrender personal and seemingly private information to transnational corporations, which exploit that data for profit. Few think twice about it, even though it is far more intrusive than bulk telephony metadata collection.”

  
What
Where


Pauley did not distinguish between what is “private” data and what is “seemingly private,” and why telephone companies who do not directly administer social control through law enforcement should be considered at par with the government.

To support his judgment, Pauley clung to the 1979 Supreme Court decision of Smith v. Maryland and held that individuals have no “legitimate expectation of privacy” concerning the telephone numbers they dial.

However, earlier this month Judge Leone had thoroughly explained why Smith v. Maryland was not applicable to current situations. Leone had observed, “The almost Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




However, Pauley rejected that argument and said that while people may use their telephones in different manners than they did in 1979, their inherent relationships with telecommunication providers have not changed. Pauley did not sufficiently give weight to the fact that the methods of collecting data has undergone enormous changes – a fact that Leone took into account, but Pauley chose to ignore.





 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a mid-level litigation attorney with experience taking/defending dep...

Apply Now

Trust and Estate Attorney

USA-NY-New York City

Boutique trust and estate firm is seeking an attorney with 7+ years of experience. Candidate should ...

Apply Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a support attorney with some experience/familiarity with a litigatio...

Apply Now

Attorney

USA-WV-Wheeling

Wheeling office of our client seeks attorney preferably with 1-3 years of WV litigation experience. ...

Apply Now

RELEVANT JOBS

Associate Attorney

USA-NJ-Princeton

An Associate Attorney is sought for a growing real estate, trusts and estate planning firm in Prince...

Apply now

Associate - Mid-Level - GL Group

USA-NY-Valhalla

Defense firm seeking mid-level associate for Westchester office to fill General Liability position. ...

Apply now

Mortgage Compliance Analyst

USA-MN-Minnetonka

Job Description: Rubicon Mortgage Advisors LLC, a locally-owned, boutique mortgage lender is seeki...

Apply now

Litigation Legal Assistant

USA-CA-Los Angeles

Qualifications: Candidate should have 2+ years of previous experience supporting multiple atto...

Apply now

SEARCH IN ARCHIVE

To Top