The NSA and the “Prism of Outcome”

Lots of folks have been discussing Judge Pauley’s opinion affirming the constitutionality of the NSA’s metadata collection program. I’m not enough of a Fourth Amendment or FISA expert to weigh in on the merits. However, I do want to weigh in on one aspect of Judge Pauley’s opinion that’s gotten some heat on the interwebs. Here’s an example:

Pauley Tweet

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An E-Mail from Chief Judge Easy Rider

The Chief Judge of the Court of Appeals for the Ninth Circuit is nothing if not a character. Here is the email I just received announcing the CA9’s new oral argument video program, which is about to get underway:

Subject:    Today at 2pm
From:       The Easy Rider [alex@kozinski.com]
To:            Friends of the 9th ‎[alex@kozinski.com]‎
Date:        Monday, December 09, 2013 12:46 PM

Here’s the link for our first-ever streamed oral argument.

http://goo.gl/vd1Uov

This case is Haskell v. Harris and the issue is whether the state may take DNA samples of individuals arrested for felonies.

We want to give our video feed a stress test, so I hope you’ll be able to watch.

If you can’t watch today’s video, we have other streamed en bancs later in the week. The link is here

http://goo.gl/SN4pPq

If you have any comments or suggestions–about the video, NOT the substance of the cases–I would love to hear them.

Ciao.  AK

And that’s it. The “Ciao,” the “To:” line, the simple plain-language email. Good stuff. Also, I’m quite pleased to be included among the “Friends of the 9th!”