A post by Joshua Skaroff

Text of the Injuction

Here is the text of the federal injuction, stopping President Bush’s illegal spying program.

IT IS HEREBY ORDERED that Defendants, its agents, employees, representatives, and any other persons or entities in active concert or participation with Defendants, are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program (hereinafter “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 (hereinafter “FISA”) and Title III;

IT IS FURTHER ORDERED AND DECLARED that the TSP 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;

IT IS ALSO ORDERED that Defendants’ Motion for Summary Judgment is GRANTED with respect to Plaintiffs’ data-mining claim and is DENIED regarding Plaintiffs’ remaining claims;

IT IS ALSO ORDERED that Plaintiffs’ Motion for Partial Summary Judgment is GRANTED in its entirety.

IT IS SO ORDERED
.

All hail the rule of law.

Alternet has video up with quotes from the decision. Our favorite constitutional blogger, Glenn Greenwald has analysis up here. We’re hearing that the administration is currently working to get a stay on the injuction from the 6th Circuit Court. Keeping checking in all day as we bring you more updates.

A Federal Judge

has just ruled that the Bush administration’s warrantless wiretapping program is unconstitutional and has ordered an immediate halt. Said U.S. District Judge Anna Diggs Taylor, “Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution.”

A post by Joshua Skaroff

Salon: NSA Also Monitoring The Internet

Sadly, this will surprise no one, but intelligence historian Matthew Aid predicts today on Salon.com that the next round of revelations on the warrantless domestic spying issue will reveal the NSA has been monitoring the public Internet, and that the Telecom firms have been complicit in helping them.

“I’ll tell you where this story probably will go next. Notice the USA Today article doesn’t mention whether the Internet service providers or cellphone providers or companies operating transatlantic cables like Global Crossing cooperated with the NSA. That’s the next round of revelations. The real vulnerabilities for the NSA are the companies. Sooner or later one of these companies, fearing the inevitable lawsuit from the ACLU, is going to admit what it did, and the whole thing is going to come tumbling down. If you want some historical perspective look at Operation Shamrock, which collapsed in 1975 because [Rep.] Bella Abzug [D-NY] subpoenaed the heads of Western Union and the other telecommunications giants and put them in witness chairs, and they all admitted that they had cooperated with the NSA for the better part of 40 years by supplying cables and telegrams.

This is consistent with reports from last month that AT&T is shunting all internet traffic at a switch in San Francisco to a secret room controlled by the NSA in violation of federal and state law.

Oh, and the Feds are also spying on journalists. If it smells like Nixon

Meanwhile, the president will show us tonight what a tough guy he is by militarizing our southern border. That’s sure to drive up those poll numbers.

‘People…Are Going To Be Shocked’

said former NSA officer Russell Tice to CongressDaily. Tice will testify to the Senate Armed Services Cmte next week that the warrantless NSA programs unveiled by the New York Times and USA Today are only the tip of the iceberg and has hinted that NSA activity “might have involved the illegal use of space-based satellites and systems to spy on U.S. citizens.

A post by Peter Slutsky

Jack Cafferty Is Right!

Jack Cafferty

Cafferty: We all hope nothing happens to Arlen Specter, the Republican head of the Senate Judiciary Committee, cause he might be all that stands between us and a full blown dictatorship in this country. He’s vowed to question these phone company executives about volunteering to provide the government with my telephone records, and yours, and tens of millions of other Americans.

Shortly after 9/11, AT&T, Verizon, and BellSouth began providing the super-secret NSA with information on phone calls of millions of our citizens, all part of the War on Terror, President Bush says. Why don’t you go find Osama bin Laden, and seal the country’s borders, and start inspecting the containers that come into our ports?

The President rushed out this morning in the wake of this front page story in USA Today and declared the government is doing nothing wrong, and all this is just fine. Is it? Is it legal? Then why did the Justice Department suddenly drop its investigation of the warrantless spying on citizens because the NSA said Justice Department lawyers didn’t have the necessary security clearance to do the investigation. Read that sentence again. A secret government agency has told our Justice Department that it’s not allowed to investigate it. And the Justice Department just says ok and drops the whole thing. We’re in some serious trouble, boys and girls”

A post by Peter Slutsky

Bush Answers Eavesdropping Criticism

Bush on CNN

A post by Joshua Skaroff

More on Spying and Qwest

There’s an important paragraph to note in the USA Today article cited in our previous post.

Among the big telecommunications companies, only Qwest has refused to help the NSA, the sources said. According to multiple sources, Qwest declined to participate because it was uneasy about the legal implications of handing over customer information to the government without warrants.

Qwest did the right thing here and decided to protect its consumers’ interests over the government’s curiousity absent a court order. If the president had truly felt that this was a dire issue of national security, he would have gone to the FISA court and gotten a warrant or at the very least, compelled Qwest to comply through executive order. Verizon, BellSouth and AT&T chose to help the NSA with this illegal activity.

A post by Joshua Skaroff

More Illegal Spying Comes To Light

Remember a few months ago when the president assured the public that his warrantless NSA spying program covered simply international calls where one party was involved with terrorism? Remember thinking the president was lying?

USA Today
confirms that the president, Alberto Gonzalez, Gen. Hayden, and representatives of the NSA have not been telling us the whole truth

The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.

The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans — most of whom aren’t suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews.

“It’s the largest database ever assembled in the world,” said one person, who, like the others who agreed to talk about the NSA’s activities, declined to be identified by name or affiliation. The agency’s goal is “to create a database of every call ever made” within the nation’s borders, this person added.

And…

…domestic call records — those of calls that originate and terminate within U.S. borders — were believed to be private.

Sources, however, say that is not the case. With access to records of billions of domestic calls, the NSA has gained a secret window into the communications habits of millions of Americans. Customers’ names, street addresses and other personal information are not being handed over as part of NSA’s domestic program, the sources said. But the phone numbers the NSA collects can easily be cross-checked with other databases to obtain that information.

Finally

The usefulness of the NSA’s domestic phone-call database as a counterterrorism tool is unclear. Also unclear is whether the database has been used for other purposes.

Scary, scary stuff. Check back with us next week as we feature National Security expert Mark Brzezinski talking about the NSA and domestic spying.