The American Civil Liberties Union (ACLU), the largest organization of civil rights in the United States, would appeal a federal court in New York that Friday considered legal to collect mass data of telephone calls and messages exchanged over the internet, under the National Security Agency’s secret program of electronic surveillance.
The decision of Judge William Pauley runs contrary to the judgment issued by the court 15 days before the Washington DC Circuit, which held that the eavesdropping National Security Agency (NSA) violates the guarantees of privacy concerns established in the Fourth Amendment of the Constitution, regarding the legality of searches and seizures.
The process
rated by Pauley – a judge appointed by President Bill Clinton and that after the announcement of the decision had your name on the list of most cited topics from Twitter – refers to a complaint filed by the ACLU against the national director of intelligence, James Clapper, in June, following complaints made by computer ex-CIA analyst, Edward Snowden.
Snowden, who was accused of spying for the U.S. and finds himself an exile in Russia, disclosed the existence of controversial programs that store and analyze information from all phone calls within the country and also those that are made to or from abroad. The NSA analyzes called metadata, which include elements such as the date and time, call duration and the intervening numbers.
According to the ACLU complaint, surveillance violates the First Amendment of the Constitution, which protects freedom of expression and association, and also the fourth since the aggregation of metadata NSA “constitutes an invasion of privacy and a search illegitimate “. Judge Richard Leon, the federal court in Washington, described the surveillance as an “almost Orwellian program.”
“While discussions are ongoing solid throughout the country, the Congress and the White House [on the activities of the NSA], the question before this court is whether the Government’s program that collects Wholesale metadata calls is cool, under paragraph 215 of the Patriot Act and this court finds it “writes Pauley in the grounds of the decision, a document of 54 pages.
Incidentally, the judge argued that “the only reason this works is blunt instrument for doing precisely the indiscriminate gathering all the information.” “Technology has allowed Al Qaeda to lead its operations in a decentralized manner. The collection program in mass data represents the counterattack of the Government “continues.
” The Government has adapted to confront a new enemy. The electronic monitoring program casts a wide net that allows you to isolate and identify contacts between terrorism suspects in an ocean of diffuse and disconnected data. “
Pauley granted the protection of metadata by the Fourth Amendment is a question that can be debated legally, and ultimately analyzed in terms of “reasonableness”. But, crucially, determined that “has not produced any evidence that the government has used the metadata collected for any other alien to the investigation and elimination of terrorist attacks purpose.”
In the opinion of the legal vice-director of the ACLU, Jameel Jaffer, the judge of the New York court “misinterpreted the relevant provisions menorizou the implications of the surveillance program in terms of privacy and applied a belated and limited precedent for downgrade constitutional protections. ” “We are extremely disappointed with this decision,” he said Jaffer, stating that the organization will deliver a feature request -. Noticed how all the experts, the diversity of opinions is a sure indicator that the case will reach the Supreme
President Barack Obama promised to set new rules for the operation of the NSA in January after completed an internal review of the operational needs of the spy agency. Despite all the controversy and public pressure, the White House has defended the legality of the electronic surveillance program evoked and its success in combating terrorism.
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