The National Security Agency’s massive collection of phone records was declared as unconstitutional by a federal judge because it violates the ban on unreasonable searches. However, the decision was put on hold for the moment pending an almost certain government appeal.
Privacy Interests Outweigh Government Interests
Richard Leon, the US District Court judge allowed a preliminary injunction pursued by plaintiffs Larry Klayman and Charles Strange, saying they were likely to win in their constitutional challenge. The judge, who was appointed by former President George W. Bush, said that the 2 plaintiffs are more than likely to show that their cause greatly outmatches government interest at collecting data through phone records.
The judge says that the NSA data collection program is an unreasonable search under the 4th Amendment to the US constitution. The massive data collection by the NSA was leaked by former NSA contractor and now fugitive, Edward Snowden. The Obama administration has vehemently defended the measure as essential to the fight against terrorism.