Read USATODAY’s NSA has massive database of Americans’ phone calls, and then ask yourself, are we paranoid enough?
It seems not.
Update: Read Unclaimed Territory by Glenn Greenwald. Now.
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by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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Would this open up the possibility of a class action against the telcos with the class of … everyone in the US with a telephone?
Now, if ‘the program’ is lawful — and, moreover, “absolutely necessary to protect this nation from future attacks” [Sen. Pat Roberts, Intelligence Committee chair], then how can Qwest get away with not going along?
And I don’t mean, “How come the NSA didn’t press them even harder?”, as the USA Today article does address the likely reason for that — but “How come we aren’t hearing the righteous anger of the Hill and the White House pouring down on the traitorous Qwest?”
First off, I don’t believe this program is legal, per FISA or under the Fourth Amendment. Regardless, after reading Glenn Greenwald’s take on the situation, I am not surprised the NSA refuses to take this to the FISA courts, because the FISA courts will say its not their jurisdiction. I mean, if you read 50 USC 1802(a)(1), its pretty clear FISA only deals with foreign intelligence programs. This means hte NSA would have to go through a federal or state court. for some reason I don’t think any judge in his right mind would find probable cause to issue a warrant for the NSA, but you never know. I am working on a paper I hope to get published that discusses why the Judiciary needs to take a case, if one arises, on the President’s authority in a situation like this. We really do run the risk of destroying our democracy.