Judge eager to re-enter NSA surveillance fight
Warning that the constitutional rights of tens of millions of Americans are being violated, a federal judge said Wednesday that he's eager to expedite a lawsuit seeking to shut down the National Security Agency's controversial program to collect data on large volumes of U.S. telephone calls.
During an hourlong hearing in U.S. District Court in Washington, Judge Richard Leon repeatedly urged the conservative lawyer who brought the suit to take steps to allow the case to move forward quickly by asking a federal appeals court to formally relinquish control over an appeal in the case.
Leon noted that the so-called bulk collection program is set to shut down on November 29 as part of a transition to a new system where queries will be sent to telephone companies rather than to a central database stored at the NSA.
"The clock is running and there isn't much time between now and November 29," Leon told conservative gadfly Larry Klayman. "This court believes there are millions and millions of Americans whose constitutional rights have been and are being violated, but the window...for action is very small....It's time to move."
Leon also told Justice Department lawyers that he was intent on moving the case forward and would not countenance any stalling aimed at preventing him from acting in the case before the program, aimed at aiding terrorism investigations, ends.
In November 2013, Leon ruled that the program involved a search and seizure that was likely unconstitutional and "almost Orwellian" in its scope. He issued an injunction against the NSA effort, but put that ban on hold so the government could appeal.
Last week, the U.S. Court of Appeals for the D.C. Circuit overturned the preliminary injunction on the grounds that Klayman and his fellow plaintiffs had not made a sufficient showing that data on their phone calls was gathered by the NSA program. However, two of the three appellate judges said Klayman's suit could proceed, allowing him an opportunity to try to gather proof that the plaintiffs were directly affected by the surveillance.
Leon made clear Wednesday that his conclusion that the program was unconstitutional has not changed. "I don't have to hear new arguments on the constitutional issue," the judge said. "It has been written. It has been written."
At one point during Wednesday's hearing, the judge noted that the D.C. Circuit decision did not address the central legal issue of whether the NSA program was unconstitutional. "I don't think the D.C. Circuit ruled on the merits," said Leon, an appointee of President George W. Bush.
However, at another juncture, the judge suggested that the appeals judges did not see things his way on the issue. "They don't agree with me. It remains to be seen if anyone agrees with me," Leon said.
"The American people agree with you," Klayman chimed in.
Justice Department lawyer Rodney Patton noted that the wind-down of the NSA program follows Congress's passage in June of the USA Freedom Act, which ends the phone metadata collection program but also extended for about six months the legal authority under which the g was set up.
"The political branches came to a compromise," Patton said. "This court should consider what the political branches decided to do.....and not consider the extraordinary remedy of [a new] injunction."
After Patton spoke, Leon leaned in and pointed for emphasis as he warned against foot-dragging by the government. "I am not going to allow, if I can help it, any misimpression or impression that the government is trying to run out the clock here," the judge said. "I'm not going to tolerate that."
One complication in the case at the moment is that while the appeals court issued its opinion--or rather a brief ruling and three separate opinions--last week, it has not yet formally ended the appeal. Leon repeatedly urged Klayman to ask the D.C. Circuit to hand down the official mandate immediately. Getting the mandate issued would remove questions about Leon's ability to proceed with the lawsuit.
While insisting that he was not coaching Klayman about how to pursue the case, the judge encouraged Klayman to resolve some issues raised by the appeals court by adding someone to the case who used a Verizon business subsidiary known back in 2013 to be providing data to the NSA under the program. Klayman and the other plaintiffs are customers of Verizon Wireless, which is technically a different company.
Klayman said Wednesday that the distinction was irrelevant, particularly since a document released to the New York Times last month in response to a Freedom of Information Act request indicated that Verizon Wireless was also involved in the NSA effort. The conservative lawyer also accused government lawyer James Gilligan of having lied about Verizon Wireless' involvement earlier in the case, but the comments Klayman pointed to were of a Gilligan saying there was "no evidence" that the wireless carrier took part--apparently meaning no evidence in the court record at that point.
Patton dismissed Klayman's assertion that Gilligan lied. "It's factually wrong. It's legally wrong," Patton said.
Leon cautioned that it was a serious matter to accuse a lawyer of lying in court. "That's a big allegation. Be careful with the L word, throwing the L word around in this room," the judge said. He added that he was confident in the integrity of Gilligan, who was not in court Wednesday.
In May, the New York-based 2nd Circuit U.S. Court of Appeals ruled that the NSA phone metadata program was unlawful because the Patriot Act provision used to authorize it did not in fact provide authority for bulk collection of records largely unrelated to terrorism. The appeals court heard a new round of oral arguments on that case Wednesday, focusing on the impact the law passed in June will have on the litigation.
Another challenge to the program is pending in the San Francisco-based 9th Circuit U.S. Court of Appeals, but that case is on hold pending a ruling by the 2nd Circuit.
http://www.politico.com/blogs/under-the-radar/2015/09/judge-eager-to-re-enter-nsa-surveillance-fight-213272#ixzz3kg57q42f
FAA Approves Commercial Use Of Drone Paper Airplane. Yes. Really.
The PowerUp 3.0 smartphone-controlled paper airplane (Image from PowerUp Toys)
In a possible sign of how seriously FAA is taking unmanned aircraft operations in national airspace — or maybe just a sign of how absurd matters have gotten — the FAA yesterday approved the first ever toy powered paper airplane to fly commercially in U.S. airspace.The applicant granted the so-called Section 333 Exemption (named after the section of the federal statute authorizing it) is Peter Sachs, a well-known drone advocate, lawyer and commercial helicopter pilot. His exemption allows him to “conduct aerial photography and videography” with the powered paper airplane so long as he meets dozens of conditions specified in the exemption and attached certificate of authorization. I asked the FAA for comment on whether granting the exemption indicates that the FAA considers a powered paper airplane an unmanned aircraft system, or UAS. An FAA spokesperson responded that “Mr. Sachs submitted a valid petition for exemption, and we granted the requested relief.”
The toy paper airplane Sachs was granted 333 Exemption authorization to operate is a Tailor Toys PowerUp 3.0. According to the manufacturer, it “transforms ordinary paper into smartphone-controlled flying machines.” The powered paper plane has a 180 foot/55 meter range and is capable of sustained flight for 10 minutes on its battery. In response to a request for comment on how he intends to use his new commercial authority and what steps he has to take to operate it, Sachs responded that unfortunately, although he has been a commercial helicopter pilot and advanced ground instructor for over 30 years, he cannot himself fly the paper plane commercially at this time because he not “current” to fly. That is, he is not current to fly manned aircraft, although he has a valid commercial helicopter pilot’s license.
This means that to fly his paper plane commercially, he would either have to spend thousands of dollars to become current — renting a helicopter and flying with an instructor to re-demonstrate his pilot proficiency — or hire a current pilot with at least an FAA sport pilot license. As with all 333 exemption holders, Mr. Sachs would need a visual observer at all times, in addition to a licensed pilot manipulating the controls; he could only operate the paper plane line of sight during daylight hours and in good weather conditions. In addition, he would have to abide by all the requirements of the FAA’s blanket certificate of authorization, including the requirement to file a NOTAM (notice to airmen) with air traffic control of any proposed operation 24-72 hours before flight.
According to Sachs, while he is pleased to have gotten the exemption, he is also embarrassed that a commercial paper plane operator requires one. “With this grant, the FAA has abandoned all logic and sensibility by declaring that a 19-gram paper airplane is legally an “aircraft.”
While I understand the FAA’s safety concerns with integrating UAS into the national airspace system, requiring toy airplanes to comply with excessive and cumbersome regulations meant to ensure manned aircraft safety certainly defies logic. And is likely to continue the trend I’ve observed of large numbers of commercial UAS operators flouting FAA requirements.
http://www.forbes.com/sites/johngoglia/2015/08/27/faa-approves-first-ever-commerical-drone-operation-in-a-paper-airplane-yes-really/
This is just the rules the majority have to go by
TSA covers do's and don'ts of traveling with a firearm
Have gun, will travel.
The Transportation Security Administration wants gun owners to know there's a right way and more than one wrong way to carry firearms on commercial flights.
The worst way is showing up at the security checkpoint with a firearm, as 18 people have done so far this year at Memphis International Airport. That's on pace to easily eclipse the 23 firearm seizures in Memphis in 2014.
Other miscues, also punishable by a $7,500 civil penalty, include improperly packing firearms in checked baggage and not giving the required notice to the airline.
"You can't just throw a gun into your suitcase," said TSA spokesman Mark Howell, who has been making the rounds of Southeastern airports to demonstrate how to legally store and ship guns and ammunition in the cargo holds of airliners.
"The TSA doesn't want to infringe on anybody's right to take a firearm with them when they travel," Howell said. "We just want to make sure they're packed where they're not accessible during a flight."
Standing behind a card table holding a hard plastic case, two dummy handguns and an ammunition container, Howell said increases in firearm ownership and air travel have kept him busy doing education programs.
"The reason I'm jumping around the country is we're seeing an increase in the number of guns being caught at checkpoints." The TSA recorded more than 1,600 seizures through July 31, compared to 1,025 in the first six months of 2014, Howell said. Seizures nationally last year totaled 2,212.
"It's continuing to increase," Howell added. "More people are traveling and more people are owning firearms. The best thing we can do is get out there and educate people."
Firearms can only travel in checked baggage, must be declared to airlines when the case is checked and must be stored, unloaded, in a locked, hard-sided container.
TSA doesn't keep figures on how many firearms are legally shipped as luggage, but Howell estimated it's "hundreds a day."
Howell said he has recently done demonstrations in Huntsville, Alabama, and Nashville. "The South is really gun heavy," he said.
http://www.knoxnews.com/business/tsa-covers-dos-and-donts-of-traveling-with-firearm
The Transportation Security Administration wants gun owners to know there's a right way and more than one wrong way to carry firearms on commercial flights.
The worst way is showing up at the security checkpoint with a firearm, as 18 people have done so far this year at Memphis International Airport. That's on pace to easily eclipse the 23 firearm seizures in Memphis in 2014.
Other miscues, also punishable by a $7,500 civil penalty, include improperly packing firearms in checked baggage and not giving the required notice to the airline.
"You can't just throw a gun into your suitcase," said TSA spokesman Mark Howell, who has been making the rounds of Southeastern airports to demonstrate how to legally store and ship guns and ammunition in the cargo holds of airliners.
"The TSA doesn't want to infringe on anybody's right to take a firearm with them when they travel," Howell said. "We just want to make sure they're packed where they're not accessible during a flight."
Standing behind a card table holding a hard plastic case, two dummy handguns and an ammunition container, Howell said increases in firearm ownership and air travel have kept him busy doing education programs.
"The reason I'm jumping around the country is we're seeing an increase in the number of guns being caught at checkpoints." The TSA recorded more than 1,600 seizures through July 31, compared to 1,025 in the first six months of 2014, Howell said. Seizures nationally last year totaled 2,212.
"It's continuing to increase," Howell added. "More people are traveling and more people are owning firearms. The best thing we can do is get out there and educate people."
Firearms can only travel in checked baggage, must be declared to airlines when the case is checked and must be stored, unloaded, in a locked, hard-sided container.
TSA doesn't keep figures on how many firearms are legally shipped as luggage, but Howell estimated it's "hundreds a day."
Howell said he has recently done demonstrations in Huntsville, Alabama, and Nashville. "The South is really gun heavy," he said.
Tips for a hassle-free experience:
- Check for airline-specific rules and state gun laws at the traveler's destination.
- Arrive for flight 30 minutes earlier than normal. This allows time to declare the firearm at the airline ticket counter and stand by while it's scanned to make sure everything is secure.
- Make sure the case contains owner's name and contact information so authorities can get in touch if there's an issue.
- Make arrangements for the airline to have the case kept off the regular baggage claim carousel, where it might stand out visually and risk being grabbed by someone else.
- Have gun permit and license readily available to show authorities.
- Don't leave ammunition loose in the case. Either store it in a clip, removed from gun, or in an ammo carrying box.
http://www.knoxnews.com/business/tsa-covers-dos-and-donts-of-traveling-with-firearm
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