Judge Dismisses Lawsuit Over Warrantless Wiretapping, Appeal Planned

from the to-be-expected,-but... dept

This comes as no surprise, but is still somewhat disturbing. A lawsuit the EFF was involved in over the federal government's warrantless wiretapping program has been dismissed by the court because it "was not a 'particularized injury' but instead a 'generalized grievance.'" This same issue has been raised before. If the government illegally spies on people, how can you prove it? You can't go to court unless you prove that you were harmed by the action, but as long as the government keeps it secret then you can't know. That's why the one case where the gov't accidentally revealed some info is so important. But, still, in this other case, the EFF plans to appeal noting the ridiculousness of the situation:
"The alarming upshot of the court's decision is that so long as the government spies on all Americans, the courts have no power to review or halt such mass surveillance even when it is flatly illegal and unconstitutional," said EFF Senior Staff Attorney Kevin Bankston

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  1. identicon
    Anonymous Coward, 22 Jan 2010 @ 2:05pm

    Re: Re: America at "war"

    ""
    Right, because Medicaid, Social Security, bailouts, stimuluses, federal subsidies, etc. and the increasing federal takeover of the economy, health care, transportation, education, labor, et. al. are all the result of terrorism.
    ""

    The common thread is actually socializing risk that is normally adopted by the businesses that would provide the named services. As a result of the lingering stigma of 9-11, business has come to expect profit without accepting risk or responsibility, which is in turn has no other place to go than to be subsidized by the state and it's citizens. It's possible that completion of a new WTC would help to remove part of this business mentality and requirement to run every decision up the ladder. However, even this can't get out the door due to politicization, red tape, inability to make a decision, and perhaps by what ground zero continues to indirectly symbolize.

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