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Good News for Privacy Rights
NSA eavesdropping program ruled unconstitutional
Justice Department says it will appeal judge's decision
Thursday, August 17, 2006; Posted: 3:06 p.m. EDT (19:06 GMT)
(CNN) -- A federal judge on Thursday ruled that the U.S. government's domestic eavesdropping program is unconstitutional and ordered it ended immediately.
The Justice Department said it would appeal the ruling, saying the program was "a critical tool that ensures we have in place an early warning system to detect and prevent a terrorist attack."
In a 44-page memorandum and order, U.S. District Judge Anna Diggs Taylor, -- who is based in Detroit, Michigan -- struck down the National Security Agency's program, which she said violates the rights to free speech and privacy.
The defendants "are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program (TSP) in any way, including, but not limited to, conducting warrantless wiretaps of telephone and Internet communications, in contravention of the Foreign Intelligence Surveillance Act and Title III," she wrote.
She further declared that the program "violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III."
She went on to say that "the president of the United States ... has undisputedly violated the Fourth in failing to procure judicial orders."
Justice Department says it will appeal judge's decision
Thursday, August 17, 2006; Posted: 3:06 p.m. EDT (19:06 GMT)
(CNN) -- A federal judge on Thursday ruled that the U.S. government's domestic eavesdropping program is unconstitutional and ordered it ended immediately.
The Justice Department said it would appeal the ruling, saying the program was "a critical tool that ensures we have in place an early warning system to detect and prevent a terrorist attack."
In a 44-page memorandum and order, U.S. District Judge Anna Diggs Taylor, -- who is based in Detroit, Michigan -- struck down the National Security Agency's program, which she said violates the rights to free speech and privacy.
The defendants "are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program (TSP) in any way, including, but not limited to, conducting warrantless wiretaps of telephone and Internet communications, in contravention of the Foreign Intelligence Surveillance Act and Title III," she wrote.
She further declared that the program "violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III."
She went on to say that "the president of the United States ... has undisputedly violated the Fourth in failing to procure judicial orders."
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