bill of rights

Body scanner ruling could squelch NSA domestic spying

"A high-profile group of technologists and privacy advocates is attempting to halt domestic surveillance of Americans through a clever twist: using federal bureaucratic rules against federal bureaucrats. In a request today to National Security Agency director Keith Alexander and Defense Secretary Chuck Hagel, the group argues that the NSA's recently revealed domestic surveillance program is '' because the agency neglected to request public comments first. A federal appeals court previously ruled that was necessary in a lawsuit involving airport body scanners." Continue reading →

Continue ReadingBody scanner ruling could squelch NSA domestic spying

NSA Snooping on Americans Is Unconstitutional and Outrageous

"Even after 9/11, an American’s chance of being killed by terrorists is about the same as that of being killed by an asteroid and less than that of being struck down by lightning. President Obama recently gave a speech seemingly shining a light on the end of the tunnel in the war on terrorism. Apparently, that didn’t apply to snooping on Americans in that war. As a candidate prior to becoming president, Obama argued that no tradeoff existed between security and America’s unique and sacred liberties; yet after these government spying programs were leaked, he contradicted his early stance and opined we couldn’t have 100% security and 100% liberty." Continue reading →

Continue ReadingNSA Snooping on Americans Is Unconstitutional and Outrageous

Smell of marijuana: Who needs a search warrant when police use their nose?

"The ability to conduct warrantless searches based on the smell of marijuana has faced some challenges. In Florida, recent cases in Sarasota and Pinellas County have cast doubt on some officers' claims they were able to smell the marijuana cited in their probable cause affidavits and search warrant applications. And in Massachusetts, where voters decriminalized small amounts of marijuana in 2008, a state court struck down the ability to smell and search in 2011. Defense attorneys argue that youths and minorities are targeted disproportionately and say that because the search relies solely on an officer's word, it's prone to misconduct." Continue reading →

Continue ReadingSmell of marijuana: Who needs a search warrant when police use their nose?

Supreme Court Rules Fifth Amendment Has to Actually Be Invoked

"In a 5-4 decision the Supreme Court ruled today that a potential defendant’s silence canbe used against him if he is being interviewed by police but is not arrested (and read his Miranda rights) and has not verbally invoked the protection of the Fifth Amendment. The case was intended to be about whether prosecutors during a trial could cast aspersions on a defendant’s silence during questioning that took place prior to arrest — prior to the defendent being told he had the right to remain silent. Instead, the Supreme Court determined that they wouldn’t need to rule on the matter because the defendant had never invoked the Fifth Amendment’s protection." Continue reading →

Continue ReadingSupreme Court Rules Fifth Amendment Has to Actually Be Invoked

How the Patriot Act debate became about library records instead of phone records

"Civil liberties advocates said in interviews there is a simple reason for the disconnect: In the period immediately after the Patriot Act passed, few if any observers believed Section 215 could authorize any kind of ongoing, large-scale collection of phone data. They argue that only a radical and incorrect interpretation of the law allows the mass surveillance program the NSA has erected on the foundation of Section 215. The ACLU contends in a lawsuit filed last week that Section 215 does not legitimately authorize the metadata program." Continue reading →

Continue ReadingHow the Patriot Act debate became about library records instead of phone records

No way out: Julian Assange marks one year inside Ecuadorian embassy in UK

"Julian Assange is still there, holed up inside Ecuador’s embassy in central London. And on Wednesday this week it’ll be a full year since he walked into the embassy claiming political asylum. Julian Assange knows that despite having been granted asylum by the Latin American nation in August 2012, if he steps outside the building he’ll be immediately arrested by UK police and likely extradited to Sweden to face questioning over two alleged sexual assaults in the country. The 41-year-old WikiLeaks founder denies any wrongdoing, but fears that being transferred to Sweden could ultimately result in him being handed over to the US authorities." Continue reading →

Continue ReadingNo way out: Julian Assange marks one year inside Ecuadorian embassy in UK

Judge Napolitano: The NSA Scandal Violates the Lessons of Our History and Our Constitution

"After 9/11, Congress enacted the Patriot Act. This permitted federal agents to write their own search warrants, as if to mimic the British soldiers in the 1760s. It was amended to permit the feds to go to the FISA court and get a search warrant for the electronic records of any American who might communicate with a foreign person. In 30 years, from 1979 to 2009, the legal standard for searching and seizing private communications was lowered by Congress from probable cause of crime to probable cause of being an agent of a foreign power to probable cause of being a foreign person to probable cause of communicating with a foreign person." Continue reading →

Continue ReadingJudge Napolitano: The NSA Scandal Violates the Lessons of Our History and Our Constitution

Karl Rove: NSA surveillance is OK because fictional cops do it on TV shows

"'If you don’t like this program, which we now know was accessed 300 times last year, then you’ve got to be against local law enforcement being able to access routinely business records of the telephone company in their local investigations as well,' Rove told Fox News host Chris Wallace on Sunday. 'You cannot turn on a cop drama on television where there is not somebody who’s pinging somebody’s cell phone or taking a look at the phone calls made from some landline or telephone booth to help solve some crime on television,' he added. 'And it is routinely done in a large scale at the local law enforcement level.'" Continue reading →

Continue ReadingKarl Rove: NSA surveillance is OK because fictional cops do it on TV shows

NSA admits listening to U.S. phone calls without warrants

"The National Security Agency has acknowledged in a new classified briefing that it does not need court authorization to listen to domestic phone calls. Rep. Jerrold Nadler, a New York Democrat, disclosed this week that during a secret briefing to members of Congress, he was told that the contents of a phone call could be accessed 'simply based on an analyst deciding that.' If the NSA wants 'to listen to the phone,' an analyst's decision is sufficient, without any other legal authorization required, Nadler said he learned. The same legal standards that apply to phone calls also apply to e-mail messages, text messages, and instant messages." Continue reading →

Continue ReadingNSA admits listening to U.S. phone calls without warrants