LyrArc Article Gist
Judge Richard Leon of the District of Columbia agrees with Senators Wyden, Udall and Heinrich that the NSA's bulk collection of phone data program in the U.S. violates the Fourth Amendment of the U.S. Constitution. This is the first successfu legal challenge to the program. It was put forward by Larry Klayman, a conservative public-interest lawyer. The American Civil Liberties Union has filed a similiar lawsuit in the Southern District of New York. In his ruling Judge Leon, appointed by president Bush in 2002, said: "I cannot imagine a more indiscriminate and arbitrary invasion than this systematic and high tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval. Surely such a program infringes on that degree of privacy that the founders enshrined in the Fourth Amendment." Judge Leon stayed his injunction for 6 months so that the government can appeal his ruling because of the national security interests involved. The U.S. government's case was made with the argument that there are no fourth Amendment protections for collection of metadata information such as numbers called and received, date and time and duration as reflected in the 1979 case, Smith v. Maryland. Judge Leon rejected this saying that in the 34 years since that case the whole relationship of people with the phone has changed and the record collection with today's technology reveals a constantly updating picture of a person's life.