4 ms·
Here is the actual ruling itself: https://ia801403.us.archive.org/22/items/gov.uscourts.cand.207206/gov.uscourts.cand.207206.321.0.pdf https://ia801403.us.arch
by sinak 12y ago
Here is the actual ruling itself:
https://ia801403.us.archive.org/22/items/gov.uscourts.cand.207206/gov.uscourts.cand.207206.321.0.pdf https://ia801403.us.archive.org/22/items/gov.uscourts.cand.2...
Excerpt:
> Disclosure of this classified information would risk informing adversaries of the specific nature and operational details of the Upstream collection process and the scope of the NSA’s participation in the program. Notwithstanding the unauthorized public disclosures made in the recent past and the Government’s subsequent releases of previously classified information about certain NSA intelligence gathering activities since 2013, the Court notes that substantial details about the challenged program remain classified. The question of whether Plaintiffs have standing and the substantive issue of whether there are Fourth Amendment violations cannot be litigated without impinging on that heightened security classification. Because a fair and full adjudication of the Government Defendants’ defenses would require harmful disclosures of national security information that is protected by the state secrets privilege, the Court must exclude such evidence from the case.
So the court isn't ruling on whether NSA surveillance is constitutional. They're saying NSA surveillance is too secret for them to be able to rule on, because state secrets privilege.
- themartorana 12y agoRight. You can't establish that you were harmed, but the easily obtainable evidence you should be able to present in discovery is classified. I know it exists, you know it exists, but State Secrets, so no.
- disposition2 12y agoThe problem of course being the national security exception has been abused since its inception, and since its inception we've only seen an expansion on its use as well as an expansion on the rights abused with its use. I understand the need for actual national security and not divulging details about certain actions but when half the time the exception is used to save face the court should consider stepping into the realm of reality rather than just trusting that the government isn't just trying to once again save face / hide the abuse of rights.