Federal judge ruled that the National Security Agency (NSA) phone surveillance program is likely unconstitutional. The reason that the federal judge has made this decision is regarding fourth amendment rights in the constitution. The mass collection of data in this program is in violation of the amendment regarding unreasonable searches and seizures.
The collection of the communications data of all Americans is seen as unconstitutional as of Monday, December 16th. The debate on this matter is most likely one that will end up in the Supreme Court.
The reason for this ruling came from a case brought forth by Attorney Larry Klayman and Charles Strange. The son of Strange was killed in Afghanistan and the son worked for the NSA. Judge Richard Leon heard this case and put the ruling on hold, pending an appeal by the government.
The idea behind this program was to prevent terrorist attacks, but Judge Leon doubts the rationale for the program. This program has not actually proved to stop terrorist attacks and Leon considers it unconstitutional. He wrote that privacy interests outweigh the interest of the government to collect bulk telephone data, which makes it an unreasonable search under the constitution.
Do not hesitate to read the full article about this case and contact our firm if you have any questions about the program or the ruling. There have been 40 separate recommendations sent in a report to President Obama to review the activities of the NSA. We are to expect an overall internal review of this ruling by January, where the President with make the report public. If you believe that your constitutional rights have been violated in any way, do not hesitate to discuss the situation with a skilled criminal defense lawyer. Carlson & Dumeer, LLC is dedicated to protecting the rights of our clients and we can help.
Contact us today if you need representation or if you have further questions about the NSA Phone Surveillance Program.