Clash of Opinions: Judge rulesNSA spying legal, not 'Orwellian'
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#1 Dec 27, 2013
Another rationalizing establishment reactionary bureaucrat who is more worried about their own butt. Law by judicial activism. This is just as bad as the DNA sample ruling in which the court failed miserably to differentiate from a reproduction of a finger print to the seizure of personal material or dna. These judges seem to rationalize more than a two bit crack junkie begging for money.
Is it coincidence that this ruling comes from a nanny state judge.'It's not Orwellian' is an opinion. NOT a legal justification for their personal decision.
#2 Dec 27, 2013
i think you are going a bit overboard there. I try to follow these cases pretty closing so let me try to bring some light to the matter.
Currently there are many cases in different courts testing the legality of many of these surveillance laws. These cases have been brought by different groups of people; sometimes the same group such as the ACLU filing multiple suits in different locations for different or the same programs.
Some of these suits focus narrowly on a specific program or some even deeper into specific provisions of a program and not the program itself. And other lawsuits like the one in this article are rather large in scope and focus more on say, the whole spying apparatus. Now remember in this type of suit, it only applies to americans on american soil. And these broad cases tend to lose right out of the gate, but sometime they get brought back on appeal.
Now the more focused suits tend to do much better as you can get into more detail on the exact infringement of rights. On the other side, many of the surveillance laws are based on 1970s telecommunication laws when telecom as we know it was in its infancy. Since those laws are so very broad, it make for easy legal gymnastic to justify the legality of these programs.
Remember that a judge's job is not to decide right or wrong but legal or illegal.
#3 Dec 27, 2013
"Remember that a judge's job is not to decide right or wrong but legal or illegal."
Exactly. So when I see things it's 'not Orwellian" or it only "works" if everything is collected I see a rationalization , NOT a legal justification.
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