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And that law is scheduled to sunset in December, which means that the litigation will unfold against the background of a congressional reauthorization debate. To understand the significance of this brewing battle, you need to know (or recall ...  
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American Civil Liberties Union (ACLU) Deputy Legal Director Jameel Jaffer writes in Huffington Post about the upcoming deadline in the lawsuit challenging the FISA Amendments Act of 2008, which legalized unprecedented levels of government ...  
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Chicago TribuneRetroactive Immunity From The Gov't For Warrantless Wiretapping Deemed ...TechdirtAs you hopefully recall, a few years back, the press revealed that the Bush Administration had begun a rather sweeping wiretapping campaign, working with major telcos to get access to all sorts of phone and internet communications... without a warrant. ...Court Slams 'Dragnet of Ordinary Citizens'Courthouse News ServiceCourt rules for telecoms...  
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The 9th Circuit Court of Appeals today upheld the constitutionality of FISA's grant of immunity to telecom companies assisting the Government in terrorism investigations. The opinion is here. The statute is § 802 of the Foreign Intelligence Surveillance Act (“FISA”), 50 U.S.C. § 1885a, known as the FISA Amendments Act of 2008. The complaints were filed in the wake of news reports in December 2005 that President Bush had issued an order...  
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The opinion sends back to a lower federal court a lawsuit filed by Petaluma, Calif., resident Carolyn Jewel on behalf of herself and subscribers to AT telephone or Internet services. The U.S. District Court for Northern California dismissed in ...  
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But court lifts previous ban on suing the government over warrantless wiretapping campaigns If you have a problem with federal warrantless wiretapping campaigns, sue the government, not the telecoms. That was the key message in the Thursday ruling handed down by the 9th U.S. Circuit Court of Appeals, a federal appeals court that covers high profile cases appealed in nine western states, including California. I. EFF is Greenlit for Class...  
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The Electric Frontier Foundation (EFF) has won its appeal to continue a case into massive warrantless wiretapping by the National Security Agency (NSA) using facilities within commercial exchanges. "Since the dragnet spying program first came to light, we ...  
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Appeals Court Rules In Favor Of NSA Warrantless Wiretapping, Forgets Constitution Exists

By LegalMatch on  From lawblog.legalmatch.com
Life has a funny sense of irony.  One moment you can be opening a Christmas gift from a loved one and finding a shiny brand new smart phone complete with a year of paid service, and the next moment you open a web browser to find this . Yep, it’s the last story that anyone in America with a cell phone wants to hear: the 9 th U.S. Circuit Court of Appeals has given its okay over the National Security Agency’s latest foray into domestic surveillance.  The madness started way back in 2008 when...Read Full Story

Why Is Obama Continuing Unconstitutional Bush Policy of Warrantless Surveillance?

By Dion B. (Skeeter) Lawyer-S... on  From skeeterbitesreport.com
Federal Judge Appointed By Bush's Father Declares NSA Program of Wiretapping Without Court Warrants Violates 1978 FISA Statute -- But Ducks Broader Issue of Its Blatant Unconstitutionality Under the Fourth Amendment; Obama's Refusal to End the Practice Is a Gross Dereliction of His Oath of Office to 'Preserve, Protect and Defend the Constitution' A federal judge in California has ruled that the Bush administration's warrantless electronic surveillance program -- which the Obama administration...Read Full Story

Why Is Obama Continuing Unconstitutional Bush Policy of Warrantless Surveillance?

By Dion B. (Skeeter) Lawyer-S... on
Federal Judge Appointed By Bush's Father Declares NSA Program of Wiretapping Without Court Warrants Violates 1978 FISA Statute -- But Ducks Broader Issue of Its Blatant Unconstitutionality Under the Fourth Amendment; Obama's Refusal to End the Practice Is a Gross Dereliction of His Oath of Office to 'Preserve, Protect and Defend the Constitution' A federal judge in California has ruled that the Bush administration's warrantless electronic surveillance program -- which the Obama administration...Read Full Story

U.S. Court revives warrantless wiretap lawsuit Jewel v. NSA

By StyleCaster on  From deathandtaxesmag.com
The Electronic Frontier Foundation’s (EFF) lawsuit Jewel v. NSA was revived by the 9th Circuit Court of Appeals yesterday, blocking the government’s attempt to bury the case. The court wrote in the conclusion to its opinion , “We REVERSE the district court’s dismissal of Jewel’s complaint on the ground that she lacked standing. We REMAND with instructions to consider, among other claims and defenses, whether the government’s assertion that the state secrets privilege bars this litigation...Read Full Story

U.S. Judge Riles The N.S.A. Wiretapping Program Is Illegal

By Tushar Mathur on  From updatedfrequently.com
Federal Judge Finds N.S.A. Wiretapping Program Illegal — New York Times WASHINGTON — A federal judge ruled Wednesday that the National Security Agency’s program of surveillance without warrants was illegal, rejecting the Obama administration’s effort to keep shrouded in secrecy one of the most disputed counterterrorism policies of former President George W. Bush. In a 45-page opinion, Judge Vaughn R. Walker ruled that the government had violated a 1978 federal statute requiring court...Read Full Story
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