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 []
To:            Friends of the 9th ‎[]‎
Date:        Monday, December 09, 2013 12:46 PM

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

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

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!”