7 ms·
This is an appeal of Klayman vs. Obama, where Judge Leon ruled last December that "[b]ulk telephony metadata collection and analysis almost certainly does viola
by jdp23 12y ago
This is an appeal of Klayman vs. Obama, where Judge Leon ruled last December that "[b]ulk telephony metadata collection and analysis almost certainly does violate a reasonable expectation of privacy," which, in turn, likely results in a violation of the Fourth Amendment.[1] This is probably the biggest win so far in this round of NSA cases, although EFF and ACLU also have complementary lawsuits in progress. The government's arguing that Klayman doesn't have standing because (they say) it's extremely unlikely his metadata would ever be viewed by a human being, as opposed to just recorded and analyzed.
This is by the way the same Larry Klayman who's suing the federal government arguing that the current Ebola screening procedures open the door to ISIS suicide terrorists. [2] Strange bedfellows. Indeed.
[1] https://www.eff.org/deeplinks/2013/12/historic-ruling-federal-judge-declares-nsa-mass-phone-surveillance-likely https://www.eff.org/deeplinks/2013/12/historic-ruling-federa...
[2] http://www.washingtonpost.com/blogs/the-fix/wp/2014/10/14/larry-klayman-is-suing-the-federal-government-because-of-ebola-yes-really/ http://www.washingtonpost.com/blogs/the-fix/wp/2014/10/14/la...
- themartorana 12y agoThe idea of "standing" seems horrible to me, "me" being firmly not-a-lawyer. It means it's difficult for me to contest something on merit in a court system if I can't prove it wrongs me directly. But judicial review doesn't happen without an actor - someone to raise the flag that something needs reviewing. Is there a good argument for having to prove standing before being able to challenge an affront to human rights or the Constitution, or anything else I can plainly see is wrong but may not directly affect me?
- spacemanmatt 12y agoShort version: It's better to require plaintiffs have standing (actual controversy) than to allow them to bring hypothetical controversies to the courts.