"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The Fourth Amendment to the United States 'C'
Some have taken notice and are not complacent and are not buying the lame reasons being given to the public for trampling the 'C' under foot.
The EFF has been attempting to sue the government over illegal surveillance since the Bush administration, and, despite repeated attempts to have the case dismissed because of State Secrets, a federal judge has now ruled that the case must go forward in public court, throwing out the government's State Secrets argument. From the order: Having thoroughly considered the parties' papers, Defendants' public and classified declarations, the relevant legal authority and the parties' arguments, the Court GRANTS the Jewel Plaintiffs' motion for partial summary adjudication by rejecting the state secrets defense as having been displaced by the statutory procedure prescribed in 50 U.S.C. 1806(f) of FISA. In both related cases, the Court GRANTS Defendants' motions to dismiss Plaintiffs' statutory claims on the basis of sovereign immunity. The Court further finds that the parties have not addressed the viability of the only potentially remaining claims, the Jewel Plaintiffs' constitutional claims under the Fourth and First Amendments and the claim for violation of separation of powers and the Shubert Plaintiffs' fourth cause of action for violation of the Fourth Amendment. Accordingly, the Court RESERVES ruling on Defendants' motion for summary judgment on the remaining, non-statutory claims." Although some statutory claims were dismissed, the core 'C' questions will be litigated.
And on the other side of the pond we have...
"Privacy International is mounting a legal challenge against snooping by the UK government's intelligence agency GCHQ. But the case will be held in secret The group is challenging UK government access to Privacy, and the UK's own Tempora system, arguing that both allow 'indiscriminate' snooping because they operate in secrecy with a lack of legal oversight. All well and good — but the authorities have ruled that Privacy's challenge must be heard by the Investigatory Powers Tribunal, which hears cases in secret and is under no obligation to explain or justify its verdicts."
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