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US Appeals Court: NSA Phone Record Collection is Illegal

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This June 6, 2013 file photo shows the sign outside the National Security Agency (NSA) campus in Fort Meade, Md. President Barack Obama is hosting a series of meetings this week with lawmakers, privacy advocates and intelligence officials as he nears a final decision on changes to the government's controversial surveillance programs.  (AP Photo/Patrick Semansky, File)

This June 6, 2013 file photo shows the sign outside the National Security Agency (NSA) campus in Fort Meade, Md. (AP Photo/Patrick Semansky, File)

LARRY NEUMEISTER, Associated Press
KEN DILANIAN, Associated Press

NEW YORK (AP) — The unprecedented and unwarranted bulk collection of the entire U.S. population’s phone records by the government is illegal because it wasn’t authorized by Congress, a federal appeals court said Thursday as it asked legislators to balance national security and privacy interests.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan permitted the National Security Agency program to continue temporarily as it exists, but it all but pleaded for Congress to better define where boundaries exist or risk “invasions of privacy unimaginable in the past.”

The appeals court said if the government is correct in its legal arguments, it could also justify storing in bulk metadata associated with Americans’ financial records, medical records and electronic communications, including email and social media information.

An opinion written by Circuit Judge Gerald Lynch said Congress could “profoundly alter the legal landscape” after debate.

“Congress cannot reasonably be said to have ratified a program of which many members of Congress – and all members of the public – were not aware,” it said.

“The statutes to which the government points have never been interpreted to authorize anything approaching the breadth of the sweeping surveillance at issue here,” the court said. “The sheer volume of information sought is staggering.”

A lower court judge in December tossed out an American Civil Liberties Union lawsuit, saying the program was a necessary extension to security measures taken after the Sept. 11, 2001, terrorist attacks.

The NSA’s collection and storage of U.S. landline calling records — times, dates and numbers but not content of the calls — was the most controversial program among many disclosed in 2013 by former NSA systems administrator Edward Snowden. Some NSA officials opposed the program, and independent evaluations have found it of limited value as a counterterrorism tool. Snowden remains exiled in Russia.

U.S. Attorney General Loretta Lynch said the government is reviewing the court’s decision. She added that the June 1 expiration of the Patriot Act provisions provides opportunities to reauthorize the program “in a way that does preserve its efficacy and protect privacy.”

The court’s ruling sharpens the focus on the ongoing congressional debate.

Republicans and Democrats in the House have agreed on a bill to end the government’s bulk collection of the records, but Senate leaders are backing a competing measure that would maintain the status quo.

Senate Majority Leader Mitch McConnell and intelligence committee chairman Richard Burr took to the Senate floor Thursday with forceful arguments in favor of continuing the bulk collection. A Senate aide, however, speaking on condition of anonymity because he was not authorized to be quoted about internal deliberations, told The Associated Press the two senators remained open to a compromise that replaces NSA collection with a workable alternative that allows the agency to hunt for terror plots in the U.S.

The divisions on the issue don’t run neatly along partisan lines. Libertarian-leaning Republicans have joined many Democrats in arguing that a secret intelligence agency should not be storing the records of every American phone call, even if the data are only examined under limited circumstances. Some Democrats and Republicans assert that the program is needed now more than ever, given the efforts by the Islamic State group to inspire extremists to attack inside the U.S.

The House Judiciary Committee last month overwhelmingly passed the latest version of a bill known as the USA Freedom Act. The measure seeks to codify President Barack Obama’s proposal to end the NSA’s collection and storage of the phone records. Instead, it would allow the agency to request records held by telephone companies under a court order in terrorism investigations.

Under that proposal, the NSA might end up with access to even more data. As it stands, the program doesn’t collect data on most mobile calls, but under a new arrangement, the NSA could request mobile records as needed from phone companies.

NSA spokesman Edward Price said the agency is evaluating the ruling and added that it’s working closely with Congress on reforms.

Jameel Jaffer, ACLU deputy legal director and lead counsel in the case, said the decision “warrants a reconsideration of all of those programs, and it underscores once again the need for truly systemic reform.”

U.S. Rep. Adam Schiff, D-Calif., a ranking member of the intelligence committee, said he hopes the ruling serves as a “catalyst for an end to bulk collection and the beginning of serious reform.”

___

Dilanian reported from Washington. Associated Press writer Eric Tucker in Washington contributed to this report.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Activism

Oakland Post: Week of July 8 – 14, 2026

The printed Weekly Edition of the Oakland Post: Week of July 8 – 14, 2026

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Black History

COMMENATARY: Blackfolk, Is It Past Time for an Exit Strategy?

JACKSONVILLE FREE PRESS — With federal and state governments aligning with what the article describes as an “anti-Black program,” the article questions the efficacy of traditional civil rights strategies.

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COMMENATARY: Blackfolk, Is It Past Time for an Exit Strategy?

We have arrived at a terrifyingly familiar crossroads. Over the last year and a half, the current administration has executed its Project 2025 playbook to a tee, systematically dismantling the civil rights progress and hard-won gains of the past 60-plus years.

With every branch of the federal government aligned with this anti-Black program—and a majority of state governors and state supreme courts nodding in lockstep—the illusion of permanent legal protection has shattered.

The worst thing Blackfolk can do right now is assume that everything will “automagically” improve. History is screaming a different story. If we look closely at the repeating loops of the American experiment, we must ask an uncomfortable, urgent question: Is it past time for an exit strategy?

Historically, every single time Black people have fought, bled, and successfully forced this country to pivot away from its white supremacist foundations, a radical, violent political pushback has followed.

  • The Reconstruction Precedent: After the abolition of slavery and the brief radiance of Reconstruction, the white backlash plunged Black America into Jim Crow—a violent rollback of rights that lasted roughly a century.
  • The Modern Regression: The monumental gains of the Civil Rights and Black Power movements are being erased right in front of our eyes. In truth, the efforts to dismantle these wins didn’t start recently; they began while the ink on the Voting Rights Act was still wet.

Historians and social commentators today predict that it will take anywhere from 60 to 100 years for Black people living today to fully recover the legal protections, economic ground, and civil rights being stolen from us right now. That means the bitter, unvarnished truth is that most of us living today will not see better days in our lifetime.

If that’s true, why are we still organizing, marching, and voting with the exact same playbook and goals as before? We already know how that story ends: Anti-Black forces will always meet our appeals for justice with violent, economic, and political rollbacks. We need a new approach.

A 21st-century Underground Railroad

For months, national thought leader Lurie Daniel Favors has implored Black people and organizations to stop reacting defensively and start creating the framework for a “21st-century Underground Railroad.” This wouldn’t be a literal trail through the woods, but a sophisticated, underground network designed to allow Black people to escape systemic oppression, pool resources, and find genuine freedom.

But what does a modern exit strategy even look like? The options generally split into two distinct paths: The physical exit and the systemic exit.

“If hereditary bondmen would be free, they must themselves strike the blow… use every means—moral, intellectual, and physical—that promises success,” said the illustrious and under-appreciated Black liberation theologian Henry Highland Garnet, in his Address to the Slaves of the United States, given during the National Negro Convention of 1843. Garnet called for open rebellion against slavery. His idea for an “exit strategy” failed by one vote of being endorsed by the convention.

Option 1: The expatriate route (physical exit)

For some, the answer lies in leaving the United States entirely. This is not a new impulse. In the late 19th and early 20th centuries, Black intellectuals and colonization societies led by figures like Alexander Crummell, Garnet, and Martin Delany argued that Black humanity, creativity, and intellect could never fully flourish on a soil so deeply poisoned by anti-Blackness.

Crummell actively championed emigration, believing that building up self-determining communities elsewhere was a far nobler use of Black genius than begging for citizenship from a nation that despised them.

In 2026, the expatriate route means looking toward West African countries (such as Ghana, with its continued “Year of Return” initiatives), parts of the Caribbean, or European hubs that offer a lower baseline of anti-Blackness. The goal is to relocate to societies that welcome our humanity rather than criminalize it.

But how many of us have the economic capacity to make such a move? On the flip side, how many of us can afford to stay in the U.S. with anti-Blackness rising exponentially daily?

Option 2: Economic secession (systemic exit)

For others, the best exit strategy isn’t physical relocation, but a deliberate exit from America’s economic and social systems. This means creating our own self-reliant, self-determining networks right here. It looks like building independent food supply chains, autonomous security apparatuses, private educational institutions, and closed-loop economic systems. It’s the practice of being in America without being dependent on it. Multiple Black Power Movement members back in the 1960s and 70s called that creating a “nation within a nation.”

The danger of assuming “It can’t happen here”

This is not a message of gloom and doom; it is an urgent wake-up call. Global history is littered with stories of “othered” groups whose rights were slowly, methodically eroded by the dominant society. In almost every instance—from pre-WWII Europe to various global genocides—the erosion of rights started slowly, and then accelerated so fast that it appeared to come out of nowhere.

In every single one of those historical tragedies, there was always a small, prophetic minority calling for an exit strategy. And in every instance, the vast majority of the oppressed group pushed back, insisting that conditions could never get that bad.

Until they did.

Activating the exit

We don’t need a singular, definitive answer today, but we absolutely must begin organizing around the possibilities. Blackfolk need to take concrete steps immediately:

  1. Assess and Resource: Black organizations and individuals must audit their assets, identifying who has the means, dual citizenships, or remote capabilities to pivot.
  2. Build the Infrastructure: We must fund the infrastructure for both paths—supporting those who choose to build autonomous zones of survival in the States, and establishing legal and financial pipelines for those who choose to leave.
  3. Normalize the Conversation: We must strip away the stigma of “giving up” on America. Leaving a burning house isn’t cowardice; it’s intelligence.

We can no longer afford the luxury of hope without a contingency plan. Whether we choose to exit geographically or economically, we must build the backdoor now. History has shown us the script—it’s time we finally change our ending.

Based on reporting by Jacksonville Free Press.



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Black History

Governor Stein Signs Jaleeyah’s Law

THE CAROLINIAN — Governor Josh Stein signed House Bill 1173, known as Jaleeyah’s Law, on Monday, July 6th. The law, named after 13-year-old Jaleeyah Tune, who was fatally shot in December 2025, aims to increase penalties for gang-related crimes and provide more tools for prosecutors.

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Governor Stein Signs Jaleeyah’s Law

By Jheri Hardaway

Staff Writer

On Monday, July 6th Govenor Josh Stein signed House Bill 1173, widely known as Jaleeyah’s Law, in the presence of Jaleeyah’s mother, family, and community leaders. Jaleeyah’s Law is designed to increase penalties for gang-related crimes and provide stronger tools for prosecutors. The law is named in memory of 13-year-old Jaleeyah Tune who on December 21, 2025, was shot and killed while walking home with her sister. Three teens have been arrested in connection with her death, according to the Goldsboro Police Department; however, the circumstances and details surrounding the murder are not known to the public.

“It’s about giving prosecutors and communities stronger tools. It is about prevention, accountability and protection for families before tragedy happens,” said Whitney Brown-Tune, Jaleeyah’s mother, in a recent press conference. At the bill signing, Brown-Tune also emphasized, “Us as parents, we need to be more accountable for what our kids are doing on social media. It starts on social media before it hits the streets. Keep that in mind.”

Brown-Tune is completely correct. Social media’s profound impact has required changes in policing tactics and should prompt a shift in how we teach and parent our children, who are our future. Laws against organized crime are essential. Organized crime is just as American as student loans. The issue is how we define a gang. There are gangs, executing organized crimes that are not widely recognized as gangs by law enforcement. There are characteristics the state uses to define a gang member that are inaccurate. Jaleeyah’s Law – House Bill 1173 is necessary, but so is reform around law enforcement best practices.

As parents and community leaders do a better job of monitoring and protecting their children’s online presence. Law enforcement should work to better understand the social media landscape and the cultural factors that shape how some present themselves online. Wearing red or being photographed with a firearm are not enough to say someone is in a gang. Alongside this legislation should be more concrete and transparent criteria that law enforcement uses to define a gang member. Subjective social media observations are dangerous and can lead to wrongful convictions by biased law enforcement officials.

How do I know that law enforcement officials need advising on evaluating gang activity? I recently participated in the Harnett County Sheriff’s Office Citizen’s Academy. During the 13-week program, there is a night called “gang night.” The deputies presented a ton of insight into the gangs in and around Harnett County, along with information gathered from the North Carolina Gang Investigators Association.

During the presentation, I was alarmed that Harnett County is only 20% black but 80% of the gang presentation was about Black people. The deputies talked about people using the word “Cuz” as demonstrating gang affiliation, but I use “cuz,” and I’m not in a gang. They talked about the colors red, black, and green being associated with a gang. I’ve always known these colors as black liberation colors and wear them regularly; again, I am not in a gang. The presentation went as far as to show pictures of the Black Israelites, and the officer indicated, “They’re not necessarily a gang, but they’re a group that you should be aware of or afraid of.” I was upset; why vilify groups when they’ve committed no acts of violence? Why don’t they get the right to freedom of religion like other religious groups in America? The definition of a gang or a gang member needs to be evaluated and shared widely. At the conclusion of the Citizen’s Academy, we were encouraged to give feedback. The leadership of the Harnett County Sheriff’s Office expressed gratitude for the feedback and noted that they don’t know unless someone tells them.

I hope this knowledge empowers law enforcement leaders to be more culturally aware and transparent about what alarms them, so we can grow as a community. Dr. Randal Pinkett said, “If you are not prepared to make your organization more receptive to all people of all backgrounds, then you will not be competitive in the 20th century.”

As a Black American growing up in conservative Cary, North Carolina, I was raised to be considerate and aware of all cultures. Jaleeyah’s Law is important for maintaining safety; I hope we also make room for cultural understanding. The way the law is written, a teen or young adult could post something that is interpreted as gang-related and end up with “Enhance penalties for persons convicted of certain felonies if the offense was committed as part of criminal gang activity.”

Based on reporting by The Carolinian.



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