The three-judge panel ruled that challengers to the telephone records collection failed to prove that their own records were collected. It cited the possibility that "legal constraints, technical challenges, budget limitations or other interests prevented NSA from collecting metadata" from their phone company, Verizon Wireless.

The judges also ruled that the program's secrecy, challenged by the plaintiffs in the case, "is a feature of the program, not a bug," allowing the government to sidestep liability by keeping the material it collects classified.

Without ruling on the program's ultimate constitutionality, the judges raised the bar for challengers to prove their case. One of them, Judge David Sentelle, went further, declaring that the challengers "have not demonstrated that they suffer injury from the government's collection of records" and urging that the case be dismissed.

Steve Vladeck, a law professor at American University Washington College of Law, said the decision does not uphold the program but makes it more difficult for challengers to demonstrate standing in suits challenging secret government programs.

Elmer S. E. Dump

(5,751 posts)

4. Injured?

Reply to Ford_Prefect (Reply #2)

Fri Aug 28, 2015, 02:03 PM

Aug 2015

We are all injured when the government violates the Constitution. This is BULLSHIT!

Heinz_Golderian

(11 posts)

5. Catch 666

Reply to Ford_Prefect (Reply #2)

Fri Aug 28, 2015, 02:04 PM

Aug 2015

You can't sue because you can't prove they spied on you,
you can't prove they spied on you because they keep it secret,
They keep it secret so you can't prove they spied on you...

christx30

(6,241 posts)

6. it's hilarious that secrecy can get the government

Reply to Ford_Prefect (Reply #2)

Fri Aug 28, 2015, 02:19 PM

Aug 2015

out of liability for things. I break my neighbor's vase, I can't say "You're not supposed to know it was me that did it. I don't have to pay you squat."