Daniel Hynes

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Judge finds NSA almost Orwellian

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http://news.yahoo.com/judge--nsa-spying-%E2%80%98almost-orwellian---likely-unconstitutional-200101613.html

"

In a stinging rebuke to President Barack Obama’s surveillance policies, a federal judge on Monday branded the National Security Agency’s mass collection of Americans’ telephone data “almost Orwellian” and likely a violation of the Constitution.

Appeals Court Judge Richard Leon invoked Founding Father James Madison and the Beatles in a frequently scathing ruling. Leon, appointed by then-President George W. Bush, ordered the government to halt bulk collection of so-called telephony metadata and destroy information already collected through that program. But he suspended his order as the case works its way through the courts.

“I cannot imagine a more ‘indiscriminate’ and ‘abitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval,” Leon wrote.

The judge also dealt a blow to the government’s argument that such surveillance programs a source of controversy ever since former NSA contractor Edward Snowden revealed their reach in a series of unauthorized disclosures are necessary to thwarting terrorist plots.

“The Government does not cite a single instance in which analysis of the NSA’s bulk metadata collection actually stopped an imminent attack, or otherwise aided the Government in achieving any objective that was time-sensitive in nature,” he wrote.'

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