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Entries by Geoffrey R. Stone from 01/2014

Is the NSA's Bulk Telephony Metadata Program Constitutional?

| Posted 01.03.2014 | Politics

The central question posed by the bulk telephony meta-data program is this: Is the government's collection of an individual's telephone call records from the individual's telephone service provider a "search" of that individual within the meaning of the Fourth Amendment?

Is the NSA's Bulk Telephony Meta-Data Program Constitutional: PART II

| Posted 01.06.2014 | Politics

We do not hesitate to make phone calls because of the infinitesimal risk that the government might be using a pen register to track our calls. Modern technology has changed this completely. Today, the government can collect and store data on all of our telephone calls.

The NSA's Telephone Metadata Program Is Unconstitutional

| Posted 01.09.2014 | Politics

In my judgment the existing program is unconstitutional. As currently structured, it violates the Fourth Amendment's requirement of "reasonableness." On the other hand, it should be possible for the government to correct the deficiencies in the program in a manner that both preserves its legitimate value and substantially mitigates the risks to privacy that it currently poses.

The President and the NSA

| Posted 01.19.2014 | Politics

'This effort,' the president cautioned, 'will not be completed overnight,' but he emphasized that it is important for 'the American people to know that the work has begun.' To that end, he announced 'a series of concrete and substantial reforms' that he intended either to adopt himself under his authority as president or, where appropriate, to call upon Congress to enact through legislation. How good a beginning has he made? I am in a reasonably good position to weigh in on that question, because I had the privilege of serving as one of the five members of the Review Group that President Obama appointed in August to advise him on these issues.