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December 21, 2005
NSA Surveillance Blog Post Roundups: More Posts
For those interested in blogospheric opinion about the NSA surveillance issue, I've been updating NSA Surveillance: Blog Post Roundup II with new posts I find to be of interest.
Posted by Daniel J. Solove at December 21, 2005 06:35 PM
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">Another interesting post you may be interested in by Seth Weinberger at Opinio Juris. Here's an excerpt:
In a concurring opinion to Youngstown Sheet & Tube Co. v. Sawyer, Justice Robert Jackson wrote that the ability of the president to expand his powers depended on the relationship between the desired action and Congress. When Congress has authorized the president to act, the president stands on the most firm legal and constitutional ground. If Congress has been silent, the president has a good case for action, and the question becomes more of a political one. But when Congress has expressly denied the president a particular power, any action to assume that power is highly suspect. Given that the Bush Administration asked for the ability to prosecute the war on terror domestically and was rebuffed, it seems that the question of use of the National Security Agency to spy on US citizens domestically falls into the third category.
Posted by: geoffrey manne at December 23, 2005 04:18 PM
Class action suits against the telephone firms who are paid by the NSA to hand over customer data is one approach but there is a far more powerful action that each of us can take individually. Selling this info is a breach of contract, rendering the contract with your service provider "null and void". As consumers, we have a right to pick and choose the companies we buy our products from. I have just informed my cell phone carrier Verizon that I have terminated my service immediately. I've let them know that failure to comply will result in communication from my attorney. It will not take very many lost customers to help them understand the mistake that they have made.
This will force our Government to rely on the only appropriate method of securing such info, a warrant.
Think of the choices we routinely make as consumers. A quick stop at the local KFC to purchase some chicken. If, as a condition for that purchase, you were required to produce your drivers license and scan your thumbprint for governemnt use, would you continue to purchase the chicken? Why would you continue to purchase phone services?
Posted by: David Price at May 13, 2006 11:10 AM
