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there's a very strange paragraph in that NSA
ruling on phone records not an NSA ruling a ruling by
Judge William Pauley about the NSA's
balk surveillance program I'm gonna put this up on the screen read it to you
and this is about the ability
up people to challenge the constitutionality
I love the book surveillance check this out this is written by Judge William
Pauley
regarding the statutory arguments there is another level love absurdity in this
case
the ACLU would never have learned
about the section 215 order of the rising collection of telephony meta-data
related to its telephone numbers but for the unauthorized disclosures by Edward
snowden
Congress did not intend that targets have section 215 orders would ever learn
have done
and the statutory scheme also makes clear
that Congress intended to preclude suits by targets
even if they discovered section 215 orders implicating them
it cannot possibly be that law-breaking conduct by a government contractor that
reveal state secrets
including the means and methods have intelligence gathering
could frustrate Congress's intent to hold otherwise would spahn mischief
recipients have orders
would be subject to Section 215 secretly protocol
secrecy protocol confining challenges to the FIA SC
while targets could sue in any federal district court
a target awareness section 215 orders does not alter the congressional
calculus
the ACLU statutory claim must therefore be dismissed
that the whole buncha stuff Louis washington Post
Andrea Peterson sums up what this means if you re read it a few times what is
being said here
is that Judge Paul Lee says targets
above the surveillance orders have no recourse to challenge the collection of
their personal data
because Congress never intended for them to know
that their data was even being collected
think about the legal argument that is being made there Lewis
you want to challenge what we're doing to you you can't
because you never should have known we were doing it in the first place
and Edward Snowden told you so you can't challenge it
this forget about the interdiction in putting
spyware in people's computers this is really the thing right here lou is that
we need to be focusing on
this is incredible I mean it's like me poisoning your coffee every day
right and then use I you're taking legal action against me because I've been
doing United walk you know someone help me write someone tells me you know
lewis's poisoning your copy
I go to a judge in I say do you know what Lewis is doing is at Holiday Inn
you were never meant to know louis was doing this you can't sue about now the
difference is of course
that this NSA stuff is an argument of constitutionality no laws by statute
have been broken
whereas poisoning me is a clear crime well
of course but we can still argue the if if
what is happening is constitutionally legal
reno you know that argument is still is still in there this happened to me when
I sent in my Freedom of Information Act request to the FBI and CIA asking for
documents about me they all wrote me back saying they had nothing and they
said by the way
if we had stuff that we collected secretly about you
we wouldn't have to tell you in this letter because the collection was secret
so
our knowledge are I or retention of those documents would also be secret
basically the exact same thing and this
is very serious stuff