Orwellian NSA Spying Ruled Unconstitutional

A Federal Court judge in Washington DC has ruled the NSA bulk phone metadata collection is unconstitutional under the Fourth Amendment protection against unreasonable searches without due process, and he called the program "Orwellian".  Thanks to Edward Snowden the cracks in the NSA armor are about to break.  The Guardian reports:

Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data.  Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional.  Jameel Jaffer, the deputy legal director of the ACLU, praised what he called Leon's "thoughtful" ruling: “This is a strongly worded and carefully reasoned decision that ultimately concludes, absolutely correctly, that the NSA’s call-tracking program can’t be squared with the constitution."  In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.