Regarding the recent statement by a Federal Judge that the NSA surveillance and phone record keeping is most likely unconstitutional...

2013-12-17T10:08:52-05:00

Given that a Federal Judge has stated that the NSA collection of phone records is most likely unconstitutional, should Americans in general, and Servicemembers (Sworn to support and defend the Constitution) specifically, continue to support the NSA surveillance?

(Also, I debated with myself for awhile about whether to make this a new topic or include it in the older one, but for a number of reasons, decided to make it its own topic.)

http://www.washingtonpost.com/national/judge-nsas-collecting-of-phone-records-is-likely-unconstitutional/2013/12/16/6e098eda-6688-11e3-a0b9-249bbb34602c_story.html

Judge: NSA’s collecting of phone records is probably unconstitutional

Court grants request for a preliminary injunction on controversial program, but stays the action pending appeal.

Response by SSG Robert Burns made Dec 17 at 2013 12:00 PM

2013-12-17T12:00:53-05:00

If it has been deemed unconstitutional, I'm guessing it will be eliminated. There's no way that it can continue legally. If it does continue then we cannot support it because it is against the constitution and it's also illegal and we arent forced to follow illegal orders.

Response by CW2 Joseph Evans made Dec 17 at 2013 12:32 PM

2013-12-17T12:32:04-05:00

NSA surveillance is international in nature and therefore within the rights of the Executive Branch to conduct for purposes of National Security. It is critical that the Cryptologic Support Elements from the different services continue to support this aspect of its operations.<div>The Executive Orders prohibit Service members from targeting or collecting on United States Entities (its actually a pretty broad concept) with out special permissions granted through the Federal Intelligence and Surveillance Act Court or in cooperation with US Law enforcement that has already acquired the necessary warrants, court orders or writs to conduct surveillance on a US citizen.</div><div>What Snowden says we are capable of doing, may be true, but what we actually do, as service members, is not in violation of the 4th amendment. Furthermore, the storage of this data at the NSA facility is probably at the request of the FBI through arrangements made with cell service providers... Making this not an NSA issue, but an FBI one. Of course, if the providers in question have received your permission through the User Agreement, to sell your phone dialing patterns to corporations for determining marketing strategies, it is perfectly legal for NSA to purchase these records, just like any other corporate entity with an interest...</div>

Response by PO1 Jeff Asbridge made Dec 17 at 2013 2:05 PM

2013-12-17T14:05:41-05:00

CW2 Evans,

Unfortunately, based on your response, you seem to be part of the problem and not the solution. I think that perhaps you need to re-read the constitution, 4th amendment in particular. It's quite possible that you took an oath that was different from mine, but mine said to uphold and defend the constitution, not try and find wiggle room to circumvent it.

Response by MAJ Private RallyPoint Member made Dec 17 at 2013 2:25 PM

2013-12-17T14:25:50-05:00

If the “most likely unconstitutional” changes to “unconstitutional”
then legally we shouldn’t support it, but something tells me surveillance of
this nature will continue, especially considering the combined US CONUS/OCONUS
interests, it’s not like our enemies play by the rule anyway. I also compare this to the type of stealth, and
sometimes direct surveillance one must maintain over our children and or
subordinates.