A federal appeals court turned down an attempt by New York Mayor Michael Bloomberg's administration to overturn a lower court's ruling on the unconstitutionality of the stop-and-frisk practices of the New York Police Department.
Intelligence officials pushed back against proposals to end the bulk storage of telephony metadata, telling a Nov. 4 oversight panel that limiting metadata collection to cases when the records can be tied to particular individuals would make counterterrorism efforts more difficult.
A federal appeals court has stayed a series of reforms to the stop-and-frisk practices of the New York Police Department required by lower court Judge Shira Scheindlin earlier this year.
A federal judge ordered on Oct. 2 appointment of an independent monitor to oversee compliance by the Maricopa County, Ariz., sheriff's office with new procedures that ensure it doesn't violate the constitutional rights of Latinos.
Bulk collection of telephone records by the intelligence community wasn't intended by Congress, said Sen. Patrick Leahy (D-Vt.), adding that he has introduced a bipartisan bill that would end the practice. He said his bill would permit U.S. intelligence to continue collection under Section 215 of the Patriot Act (codified at 50 USC § 1861), the law cited by the Foreign Intelligence Surveillance Court as authority for storage by the NSA of metadata associated with telephone calls.
American telephone companies have at their disposal a "substantial and engaging adversarial process" to challenge the legality of Patriot Act orders for the bulk collection of telephone records by the intelligence community, but none have done so, says a newly declassified (but redacted) opinion by the Foreign Intelligence Surveillance Court.
Documents from a border crossing laptop seizure case show the Homeland Security Department using the international passenger alert system to seize the digital equipment of Americans without a warrant. "There's strong circumstantial evidence that they did this precisely to avoid the warrant requirement," said ACLU legal fellow Brian Hauss.
Obama administration assurances that only transactional records and not the content of Americans' phone calls are being monitored by the National Security Agency overlooks the revealing potency of those records, says Edward Felten, a Princeton computer science professor.
A federal appeals court ruled July 30 in a 2-1 ruling that location data gleaned through historical cell phone call records is not protected by the Fourth Amendment.
A federal district judge ruled Aug. 12 that the stop and frisk practices of the New York Police Department violate Fourth and Fourteenth amendment rights and called for an independent monitor to ensure that future stops are carried out consistent with the constitution.