This is totally unexpected, but of course most welcome http://www.techdirt.com/articles/20131216/11490525581/judge-says-nsa-bulk-metadata-collection-unconstitutional-issues-injunction.shtml#
Judge Richard Leon, a judge in the DC district court, has ruled that the NSA's bulk metadata collection should be stopped as violating the 4th Amendment, though he's put the ruling on hold, knowing that it will be appealed. This is the first major court ruling concerning the program, and the judge is pretty clear that it's a 4th Amendment violation even though the FISA court approved it.
In looking at the government's insistence that the program is necessary, Judge Leon is not convinced. He notes examples of them saying it can help them do their job faster, but none of it is actually stopping an attack. In fact, he notes that for all the talk of doing the job faster, there's not been a single shred of evidence presented that it helped stop an imminent attack, where that kind of speed would matter. In fact, he notes, "none of the three 'recent examples' cited by the Government [for the need for this program] involved any apparent urgency." In short, Judge Leon is calling the government's bluff. Their only reason for needing the program is the speed it provides, but then they present no evidence of any cases where that speed was important.
This is the sort of clear reasoning that the American public have been denied for so long after all whats the point of having a constitution if its made void by some unelected bureaucrats pen ?
This judgment is to be applauded and should be seen as a sign that its time to re-balance the competing requirements of privacy and the need to defend the country from those who would do it harm, the current scale delivers too much scope for abuse with little or no oversight, this Judge is to be applauded