A Powerful Rebuke of Mass Surveillance

For the first time since the revelation of the National Security Agency’s vast dragnet of all Americans’ telephone records, a federal court has ruled that such surveillance is “significantly likely” to be unconstitutional.

In a scathing 68-page opinion peppered with exclamations of incredulity, United States District Judge Richard Leon, of the Federal District Court of the District of Columbia, found that the seven-year-old phone-data collection program — which was established under the Patriot Act and has been repeatedly reauthorized by a secret intelligence court — “almost certainly” violates the Fourth Amendment’s prohibition against unreasonable searches.

Reaching into the 18th century from the 21st, the judge wrote that James Madison “would be aghast” at the degree of privacy invasion the data sweep represents.

Read the rest here.