re: Federal Judge in NY Rules NSA Phone Surveillance Is Legal (Posted on 12/29/13 at 9:14 pm to Lima Whiskey)
quote: He needs to reread the 4th Amendment again and why it was written to keep the King Geroges off our backs.
He simply applies Smith.
Again from Lawfare
quote: The Supreme Court held in Smith that individuals have no “legitimate expectation of privacy” regarding the telephone numbers they dial.
quote: Moreover, Judge Pauley writes, “[t]he ACLU’s pleading reveals a fundamental misapprehension about ownership of telephony metadata.” The ACLU’s motion for preliminary injunction asks the government to refrain from collecting “Plaintiffs’ call records,” to quarantine “all of Plaintiffs’ call records” already collected, and to prohibit the government from querying metadata using numbers associated with the Plaintiffs. But the business records created by Verizon are not Plaintiff’s records—they are Verizon’s. At the same time, the collection of “breathtaking amounts of information unprotected by the Fourth Amendment does not transform that sweep into a Fourth Amendment search.” The ubiquity of cellphones lastly does not affect the analysis required by Smith.