Saturday, January 4, 2014

Snowden, Defector | National Review Online

Snowden, Defector | National Review Online: "The New York Times has called for the U.S. government to offer amnesty to Edward Snowden, the NSA contractor who broke his oath to that same government and has severely damaged the work it does to keep the U.S. safe.

A tiny proportion of Snowden’s disclosures, if any at all, have concerned unequivocally illegal work by the U.S. government. Regarding the NSA’s infamous metadata program, the Times relies on a federal judge’s ruling that it is probably unconstitutional — but another federal judge has disagreed.

That metadata system is overseen by Congress and is regularly reviewed by a classified federal court. It is possible the Supreme Court will strike down the program, but the constitutional precedent from 1974’s Smith v. Maryland regarding metadata is quite clear. The Times’ favored ruling, which argues that Smith has been invalidated by technological advances, is much less convincing, and in any case has to be heard by the nation’s highest court."

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