Thursday, August 21, 2014

EFF, ACLU Demolish “It’s Just Metadata” Claim in NSA Spying Appeal

Americans Deserve Full Protection of the Fourth Amendment for their Telephone Records, Groups Argue

Activist Post

The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) today filed an amicus brief in Klayman v. Obama, a high-profile lawsuit that challenges mass surveillance, arguing that Americans' telephone metadata deserves the highest protection of the Fourth Amendment.

Larry Klayman, conservative activist and founder of Judicial Watch and Freedom Watch, was among the first plaintiffs to sue the National Security Agency (NSA) over the collection of telephone metadata from Verizon customers that was detailed in documents released by Edward Snowden. In December 2013, Judge Richard Leon issued a preliminary ruling that the program was likely unconstitutional, and the case is currently on appeal before the U.S. Court of Appeals for the District of Columbia Circuit.

In the new amicus brief in Klayman v. Obama, the EFF and ACLU lawyers repudiate arguments by U.S. officials that the records are "just metadata" and therefore not as sensitive as the contents of phone calls. Using research and new case law, the civil liberties groups argue that metadata (such as who individuals called, when they called, and how long they spoke) can be even more revealing than conversations when collected en masse.

"Metadata isn't trivial," EFF Legal Fellow Andrew Crocker says. "Collected on a massive scale over a broad time period, metadata can reveal your political and religious affiliations, your friends and relationships, even whether you have a health condition or own guns. This is exactly the kind of warrantless search the Fourth Amendment was intended to prevent."


The brief explains that changes in technology, as well as the government's move from targeted to mass surveillance, mean that the holding of the 1979 Supreme Court case Smith v. Maryland that the government relies on (often called the "third-party doctrine") does not apply. Instead, EFF and the ACLU point to a series of recent key decisions—including the Supreme Court decisions in United States v. Jones in 2012 and Riley v. California in 2014—in which judges ruled in favor of requiring a warrant for electronic search and seizure.

"Dragnet surveillance is and has always has been illegal in the United States," says ACLU Staff Attorney Alex Abdo. "Our country's founders rebelled against overbroad searches and seizures, and they would be aghast to see the liberties they fought hard to enshrine into our Constitution sacrificed in the name of security. As even the president himself has recognized, we can keep the nation safe without surrendering our privacy."

EFF and the ACLU have each litigated numerous First and Fourth Amendment lawsuits related to NSA surveillance and together represent Idaho nurse Anna Smith in a similar case currently on appeal in the Ninth Circuit Court of Appeals called Smith v. Obama. The ACLU is a plaintiff in a case currently pending before the Second Circuit Court of Appeals, ACLU v. Clapper, to be heard on Sept. 2. EFF has two cases—Jewel v. NSA and First Unitarian Church of Los Angeles v. NSA—before the U.S. District Court for Northern District of California.

For the amicus brief:
https://www.eff.org/document/eff-and-aclu-amicus-brief-klayman



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34 comments:

Notwithme said...

Kill that bastards.

Why not shoot them, all time they do make problems.

When you say some then you a racist but they are the worst racist bastards.

Well be fair, you know I have right.


Live together is not possible with them.
All are good boys and girls but what they did before, all give a fuck on it.
They can shoot you, they are good.


So kill them

pax said...

Calling an MRAP a "tank" is almost as dumb as calling foam earplugs "rubber bullets". And "platoons of soldiers"..?? Really..? Your credibility crumbles as you type...

pffft said...

Censorship is evil no matter who does it. Call it "moderation" if it makes you feel better. Can't handle the truth? Why read the rest of the article when the first paragraph is full of ridiculous assertions? Only an idiot would bother subscribing to this drivel.

SteveH said...

On the day of the 9-11 attacks, the entire cell phone network in lower Manhatten was turned off. People couldn't phone out and say what was happening. I wonder why?

Justin Thought said...

"They" are doing everything in their power to try to stay ahead of "us," and they've got unlimited $$ as well as the legislatures in their pockets to help them.

But just because you couldn't stream live doesn't mean you couldn't go ahead and film then upload it later. The word will still go out (for now...until they just decide you pesky "gernellests" can have the choice of giving up your equipment or spending the night in jail--while they have free rein at your equipment anyway), it'll just be a little slower. A quickly removable SIM card, easily passed off, might be a good idea, just in case "they" get any ungentlemanly ideas.

Undecider said...

Stop relying on the Internet and network technology. Break out the old stuff. They can't jam it.

warisaracketbysmedleybutler said...

Are you just in denial of reality or blind?

Donald W. Cooper said...

Calm down calm down

Cat411 said...

What old stuff would that be? 2 tin cans on a string? Seriously, what? I've been using the internet for so long (at least 15 yrs) that I don't recall what the old stuff was.

Cat411 said...

Maybe to stop people from showing or telling in real time what they witnessed. Like the sounds of the bombs exploding on lower floors of the towers and in building 7. They were probably counting on most people not being able to remember all the details, and they did ignore (cover up) a lot of what was said by first responders.

Cat411 said...

Ha! Then why are YOU here?

Cat411 said...

Police brutality and unjust killings are not limited to black people. Stop trying to make this a racial issue. We are all in this fight together, but killing the cops is not the answer. If we don't have some kind of law enforcement, we'd have mass anarchy in the streets and that would lead to total chaos.

Ben said...

Anarchy is not necessarily defined as violent. There is voluntarism with a belief of mutuality of autonomous people, which is one form of anarchy.

Anarchy also works in near perfection. Observe the State, it is proof that anarchy works. Corporate lobbyists suggest they will provide funding for political candidates if given consideration to pass laws to favor their corporate masters. The politician agrees, does the exact opposite.

Corporations & lobbyists can not hold the politician to account. The "contract" they had with the politician does not exist beyond verbal winks and nods behind closed doors.To have such contracts known would be embarrassing, possibly cost money.

Still the State functions, order from chaos. This is unnatural too. You see nature provides that entropy breaks everything down, back to chaos, to the source. Mankind continues doing the opposite of nature. We never learn.

Martin Blase said...

Because there were too many people using the same cell towers at the same time. It's called congestion, and it happens everywhere.

Tyrell_Corp said...

Because the relay tower was on top of the WTC south tower. Duh.

Tyrell_Corp said...

Remember the dog-bark telegraph in "The Aristocrats?" I mean, it's worth a try!

Norp said...

It's a dress rehearsal to allow the rulers to fine tune their repression of protest. It is safer for them to practice on a black community because of the widespread racism in the USA which tends to justify attacks against minority victims.
The next step is to plant provocateurs to escalate tensions and promote violence which is then used as an excuse for even more repression. In Libya, Syria and Ukraine, snipers were used by the imperialists to shoot both police and protesters as a method to enflame tensions and start wars.
As we near the end game these same deadly tactics will be used here on the streets of America. We all will pay a heavy price for allowing them to steal our Bill of Rights and bully our fellow citizens into submission.

Whamdanglers said...

Seriously? You think they wanted to halt the rapid proliferation of -- what? Videos? Photos? Tweets? Do you remember what 2001 looked like in terms of technology? The very *first* camera phone had just been sold in Japan in 2000. The iPhone and the app ecosystem didn't exist. YouTube didn't arrive until 2005. Reddit, 2005. LiveLeak, 2006. Hell, 3G speeds weren't even a thing you could hope for until the hardware was commercially deployed by Verizon in 2002.


All the functions that were required to record an event (video recording, still photography, audio recording, etc) were still trapped in disparate devices back then. People didn't use their cell phones to capture it all, like they do today.


Turning off a cell phone network back in 2001 didn't mean that suddenly nobody could record the event. It would only mean that they couldn't transmit the recording somewhere in real-time, and it would've been *incredibly* unlikely that anyone would be be slinging rich media over a cellular network.

Junglist For-life said...

brings a whole new meaning to kill switch engage

Alan Ian Brown said...

Crisis actors on ground in Ferguson

farang said...

You are correct. I am attacked everytime I to to use Disqus. Today, as usual, my computer gets "disconnected" as I use Disqus, then Disqus doesn't sign me in after I sign in, then it "jumps" all over the page to prevent me typing in box, then shows me not signed in before I sign out: I suppose that is so they can come back and "edit or remove" my comments.

They want WAR. I guess having camel jockeys in Afghanistan, Iraq, Pakistan, Yemen kick them out made them mad enough to try their crap in the US: they will be DESTROYED.

farang said...

That was the only relay tower in all NYC?

Tyrell, go away and fellate israel, willya?

farang said...

It's called LYING: you have it down pat.

farang said...

Precisely.

Americas Ruthless Mob said...

I live in Los Angeles where the law was passed and the day it passed, even before the governor signed it, my cell was kill switched dead 6 different times with full battery any time I discussed Ferguson, Israel, Police State, etc.., but when I rambled on about football and MMA the phone worked fine and I could talk for hours. I was also told that I needed to get on Uverse internet because DSL was no longer available in my area which turned out to be a lie, its still being offered. So when I tried to go back to DSL my phone which is with Tmobile was kill switched dead every time I told the Att CSR that I wanted to drop Uverse. At&nazi also not allowing me to view anything that questions gooberment or live feeds of Ferguson. I removed the Uverse box and placed in a faraday cage and connected cell phone to power supply an was able to call At&nazi with out kill switching but they refuse to allow me to go back to DSL. The wifi is off on uverse (hard wired) and its still sending out signals trying to connect to my cell phone which I now have to keep shut off to avoid this hassle. This bravo sierra is not right and I'm basically paying to be harrased!!

Theodore R. Smith said...

The killswitch tech DEFINITELY didn't exist in 2001. Most cellphones didn't even have the requisite global IDs nor GPS. What caused the cellphones to go out was an Electromagnetic Pulse (EMP) from small tactical demolition nukes (SADMs) used to demolition the buildings. Look it up.

Theodore R. Smith said...

It was a byproduct of small-scale thermonuclear demolition charges going off to collapse the towers.

Krasnaja Zvezda said...

As AFV said, get it on tape!

Krasnaja Zvezda said...

Microwave uplink.

Krasnaja Zvezda said...

See, this is why few take the 9-11 truth movement seriously.

Because you come up with elaborate Dr.Evil "mini nuke" ideas.

If somebody really wanted to bring down the tower they would have used conventional charges which are quite capable.

Horus Shepard said...

Thanks for confirming that you know nothing about physics

Rudy Campilii said...

I notice the "jumping around" also. The cursor seems to jump around when I try to type in the Disqus box. I thought it was my hand getting to close to the mouse control on my lap top. Also I noticed, because I am very critical and suspect of the government. After some time when I post a strong anti-government piece and go back to see if it was still up. To my surprise I notice some of my post's are just not posted.We are being censored as well as being spied upon.

nedmorlef said...

They kept them back a mile or two at waco. We saw what they allowed us to see. To this day not one person was ever prosecuted for killing those 27 babies.

Cat411 said...

Explain where all of the photos and videos of the planes hitting the buildings came from? People on the ground and in nearby buildings just happened to have their video cams handy?

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