Archives for Antonin Scalia

The Supreme Court’s Generational, Digital Divide: Sotomayor v. Scalia On NSA

scalia-sotomayor

U.S. Supreme Court Associate Justices Antonin Scalia (age 78) and Sonia Sotomayor (age 59)

SOTOMAYOR IN 2012: “A Fourth Amendment search occurs when the government violates a subjective expectation of privacy that society recognizes as reasonable. GPS monitoring generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. Disclosed in GPS data will be trips the indisputably private nature of which takes little imagination to conjure: trips to the psychiatrist, the plastic surgeon, the abortion clinic, the AIDS treatment center, the strip club, the criminal defense attorney, the by-the-hour motel, the union meeting, the mosque, synagogue or church, the gay bar and on and on. The Government can store such records and efficiently mine them for information years into the future. And because GPS monitoring is cheap in comparison to conventional surveillance techniques and, by design, proceeds surreptitiously, it evades the ordinary checks that constrain abusive law enforcement practices: limited police resources and community hostility.”

SCALIA IN 2014: “I don’t know how serious the danger is in this NSA stuff, I really don’t.”

Share this:
Share this page via Email Share this page via Stumble Upon Share this page via Digg this Share this page via Facebook Share this page via Twitter

SCALIA: “This NSA stuff”

Justice Antonin Scalia

The future of privacy is in the hands of a guy born in 1936, who thinks a chip is something a defendant has on his shoulder and a motherboard is something The Founders used to beat their wives.

“I don’t know how serious the danger is in this NSA stuff, I really don’t.” ~Justice Antonin Scalia.

He doesn’t know. His words; not mine.

Scalia is more clueless on tech than I was in algebra and french. He doesn’t even know where to begin to ask a question so he vomits poobah cliches like: “Very few freedoms blah, blah are absolute, blah, blah. Whether this represents a blah, unreasonable, blah, blah search of your blah, blah effects…next thing ya’ know they’ll be sending sound and pictures through the air.”

The Supreme Court is assisted living with pay. If you want to see what an recently appointed Federal judge — who unlike Scalia, walks fully erect — thinks about NSA’s unconstitutional wiretapping, Judge Leon devotes 68 pages to ripping the executive branch a new one in Klayman v. Obama.

The Government could have requested permission to present additional, potentially classified evidence in camera, but it chose not to do so. Although the Government has publicly asserted that the NSA’s surveillance programs have prevented fifty-four terrorist attacks, no proof of that has been put before me….Records that once would have revealed a few scattered tiles of information about a person now reveal an entire mosaic—a vibrant and constantly updating picture of the person’s life….I cannot imagine a more “indiscriminate” and “arbitrary invasion” than this systematic and hightech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval. Surely, such a program infringes on “that degree of privacy” that the Founders enshrined in the Fourth Amendment. Indeed, I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware “the abridgement of freedom of the people by gradual and silent encroachments by those in power,” would be aghast.

Share this:
Share this page via Email Share this page via Stumble Upon Share this page via Digg this Share this page via Facebook Share this page via Twitter