In a 68-page ruling, Judge Richard J. Leon of the District of Columbia called the program’s technology “almost Orwellian” and suggested that James Madison, the author of the Constitution, would be “aghast” to learn that the government was encroaching on liberty in such a way.
“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,” Judge Leon wrote. “Surely, such a program infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment.”
Judge Leon stayed his injunction “in light of the significant national security interests at stake in this case and the novelty of the constitutional issues,” allowing the government time to appeal it, a matter that he said could take some six months.
Vanee Vines, a spokeswoman for the N.S.A., had no immediate comment on the ruling by Judge Leon, a 2002 appointee of President George W. Bush.
The ruling is the first successful legal challenge brought against the program since it was revealed in June after leaks by the former N.S.A. contractor Edward J. Snowden. It was brought by several plaintiffs led by Larry Klayman, a conservative public-interest lawyer. The American Civil Liberties Union has filed a similar lawsuit in the Southern District of New York.
Read more: NSA Spying Program: Federal Judge Rules Against N.S.A. Phone Data Program - b y Charlie Savage
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