of the Electronic Frontier Foundation says,
Today, Judge Ann Aiken of the Oregon Federal District Court ruled that two provisions of the Foreign Intelligence Surveillance Act (FISA), "50 U.S.C. §§ 1804 and 1823, as amended by the Patriot Act, are unconstitutional because they violate the Fourth Amendment of the United States Constitution."
This case arose over warrantless surveillance of an innocent Oregon attorney who was falsely suspected of involvement with the Madrid train bombing based on a mistaken fingerprint identification.
The critical legal issue was that in the Patriot Act, Congress amended FISA to change the language from requiring "the purpose" of the search or surveillance be to obtain foreign intelligence information to only "a significant purpose" of the search or surveillance.
As EFF has previously explained in a case before the Foreign Intelligence Surveillance Court of Review, a "long line of court of appeals decisions, before and after FISA, has held that surveillance may be conducted without a traditional warrant and probable cause only when foreign intelligence collection is the "primary purpose" of the surveillance," not merely a "significant purpose."
. The Seattle Times article here
The entire text of the court's decision is here (PDF). This is the really churchy part, on pages 43-44:
For over 200 years, this Nation has adhered to the rule of
law - with unparalleled success. A shift to a Nation based on
extra-constitutional authority is prohibited, as well as ill-
advised. In this regard, the Supreme Court has cautioned:
The price of lawful public dissent must not be a
dread of subjection to an unchecked surveillance
power. Nor must the fear of unauthorized official
eavesdropping deter vigorous citizen dissent and
discussion of Government action in private conversation.
For private dissent, no less than open public
discourse, is essential to our free society.
Update: Daniel J. Solove has an analysis of the opinion here, very much worth reading: Link.
The Cobham catalog, exposed by The Intercept, features countless pages of surveillance gadgets sold to U.S. police to spy on American citizens: tiny black boxes with a big interest in you. In the creepily bland feature lists and nerdy product names is a whisper of a dark future; perhaps darker than anyone can imagine.
This image depicts the most commonly-found stylesheet colors on the web’s top sites—Paul Hebert did an amazing amount of analysis and this is just one of the intriguing visualizations he came up with. Most of these are obvious staples, especially HTML red and blue, though it’s interesting how far the blue “cluster” is from the […]
With the cacophony of an election year ablaze with unparalleled drama being fought on the front lines of Twitter, we find ourselves slowing down and staring at it like a bad accident. The need for escapist relief is perhaps more dire than usual right now. This fall, if it’s drama you crave, but the Hillary […]
The Avantree Powerhouse 4 Port Fast USB Charging Station brings high quality, high power, and still keeps your work space or home looking neat and organized. The best part about this charger is its capacity. It comes packing 4 USB charging sockets and a powerful 4.5A/22.5W output.. Its smartport technology means you don’t have to worry about frying your battery, either—it […]
With this comprehensive course in App & Game Development for iOS and Android, you’ll be able to take full advantage of this career opportunity without committing to going back to school full time. You’ll learn how to build immersive, interactive games and apps from start to finish using Python, C#, Unity, and HTML—some of the most in-demand programming […]
CloudPress is a responsive WordPress theme builder that allows you to create a whole site in less than 30 minutes. CloudPress comes with tools like pre-built headers, content blocks, and footers—all you have to do is pick what you like, and drag and drop. With your subscription, you get access to 13 professionally designed WordPress themes, over 80 […]