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       Thursday, August 17, 2006

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NSA Wiretaps Ruled Unconstitutional

A federal judge has ruled that the Bush administration's NSA warrantless wiretaps of international calls are unconstitutional.
U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy.

A few things in this paragraph bug me. First, when one says she "became the first", the AP implies "of others", because you don't typically refer to the first of something when there is only one of them, or unless you're anticipating more (or trying to give the impression that there will be more). Their bias is showing, and their intent to manipulate public opinion has begun.

Secondly, listening to speech in no way restricts it. It's like saying when a stoolie wears a wire it stifles the free speech of the mob.

Thirdly, there's that elusive general constitutional right to privacy that no one can ever put their finger on. There are some specific privacy rights, but none so general as would prevent people from listening in on conversations or allow the general right of getting an abortion.

Now granted, this is a very preliminary report of the ruling, which just hit the wires. There's certainly more to come, and the description of the ruling at this point may be overgeneralized. In fact, there's no mention in the article about the warrant or FISA issues. And frankly, as I said when this thing first came out, I'm always a bit wary of expanding government power (though when it's a constitutionally-mandated power, I'm less concerned). But if this turns out to be true--that this flimsy ground is what the ruling is built upon--it's worth of appeal.
The American Civil Liberties Union filed the lawsuit on behalf of journalists, scholars and lawyers who say the program has made it difficult for them to do their jobs. They believe many of their overseas contacts are likely targets of the program, which involves secretly taping conversations between people in the U.S. and people in other countries.

Yup, let's make it easier for journalists to do their job, while making it harder for the intelligence agencies to do their's. Now that's prioritization.

Certainly this will be a hot topic in the days to come.

Doug Payton blogs at Considerettes.



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posted by Doug at 11:21 AM  

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