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View Diary: ACLU sues White House over 'dragnet' data collection (113 comments)

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  •  yeah, that's pretty much it (1+ / 0-)
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    johnny wurster

    although this suit doesn't challenge Prism, and there's a warrant process to query the data as far as I can tell.  There'll no doubt be a lawsuit, but it'd look somewhat different.  Even though the leak joined the two, they are not the same program.  

    What "most Verizon customers" think is irrelevant to the suit, and the ACLU can't credibly plead ignorance of the terms of service.

    I'm not sure about the way you distinguish Smith -- all that information is on the phone bill - maybe location data could be at issue, but i'm not sure it's a distinction that makes much of a difference for the 4th amendment in this application, given the indifference the program has to anything individual.   That also suggests ripeness problem -- why isn't the right remedy exclusion at trial?

    Difficult, difficult, lemon difficult.

    by Loge on Tue Jun 11, 2013 at 03:41:08 PM PDT

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    •  The ACLU suit (0+ / 0-)

      I do not know the details of the ACLU suit, but based on the information in the diary, the ACLU is suing as a Verizon customer over the "search" of all phone records in violation of the Fourth Amendment. The scope seems limited to that. I know of no evidence that the phone records are part of the PRISM program though, it would seem to follow that, ultimately, they are.
      At least the ACLU has standing and we should see some discovery.

      +++ The law is a weapon used to bludgeon us peasants into submission. It is not to be applied to the monied elite.

      by cybersaur on Tue Jun 11, 2013 at 04:55:41 PM PDT

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      •  Well, I'm not sure that suffices to standing (0+ / 0-)

        and I'm not sure about discovery - there'd likely to be a motion for a stay pending a motion to dismiss, and discovery would still likely be under a protective order.  Congressional hearings are more likely to yield info.

        Difficult, difficult, lemon difficult.

        by Loge on Tue Jun 11, 2013 at 07:10:54 PM PDT

        [ Parent ]

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