Don't get me wrong, I am not saying "there doesn't need to be more questions asked." The lack of information about the program’s scope and functioning makes any debate about it impossible. But there needs a balance between officials’ defense of the program and the public’s right to know about it.
Senator Tom Udall of New Mexico, makes an interesting point, "The news that the government issued a blanket order for Americans’ phone records is deeply disturbing and exactly why I voted against the Patriot Act in 2001. It’s also why I have opposed reauthorization of similar provisions without adding civil liberties protections – protections that require agencies to explain specifically what information it thinks it needs to see and why.
So step one, according to some, is to secure more transparency and the legal rationale the Obama administration is claiming for it. But is Rand Paul's lawsuit the way to go?
Rand Paul Suing Over NSA Policies, Senator Tells Fox News
See also:
Rand Paul’s misguided case against the NSA
Charles Lane lays the legal precedence for the governments actions,,,
The bane of Big Government, Sen. Rand Paul (R-Ky.), is inviting Americans to join him in a class-action lawsuit to stop what he says are unconstitutional invasions of privacy by the National Security Agency. “I’m going to be seeing if I can challenge this at the Supreme Court level,” he declared Sunday on Fox News.
Who would win Paul and 10 Million Citizens v. NSA? Paul’s first problem would be a lack of standing to sue in federal court. It’s not enough to claim that the government is threatening your rights; applicable precedent says you have to show a “concrete and particularized” violation of those rights or, at least, an imminent one.
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