McLaughlin writes: "The nation's secretive surveillance court should not have
reinstated the National Security Agency's bulk collection of Americans' phone
call data even temporarily, because an appellate court ruled that the program
was illegal in May, the American Civil Liberties Union argued in a lawsuit
filed on Tuesday."
NSA protest. (photo: Getty)
ACLU Sues to Stop Bulk Phone-Data Collection, Even if It's Only Temporary
By Jenna McLaughlin, The Intercept
15 July 15
The nation’s secretive surveillance court should not have reinstated the
National Security Agency’s bulk collection of Americans’ phone call data even
temporarily, because an appellate court ruled that the program was illegal in
May, the American Civil Liberties Union argued in a lawsuit filed on Tuesday.
The suit asks the appellate court to overrule the secret court and enjoin the
program immediately.
The Second Circuit Court of Appeals ruled on May 7 that the NSA program that
vacuumed up domestic metadata relating to all American phone calls — who was
calling who, when and for how long — was illegal, and that Congress did not
intend Section 215 of the Patriot Act to authorize the government to instate
such a wide dragnet. Information about every single American’s phone call
behavior is not “relevant to an authorized investigation,” the court concluded.
Congress let the spying program lapse by failing to renew it before its June 1
expiration date. Then, when reform legislation passed the following day,
Congress called for the massive spying program to end — but with a grace period.
The Foreign Intelligence Surveillance Court then ruled that the bulk
surveillance, first revealed by NSA whistleblower Edward Snowden two years ago,
could be resumed for five months.
But in a motion filed on Tuesday afternoon, the ACLU and its New York branch
argue that the NSA is twisting the court’s words, and that bulk collection must
be ended immediately because it has been, and continues to be, illegal.
“The government says it will wind down this unconstitutional program
eventually, but the Constitution doesn’t have a grace period,” said ACLU Staff
Attorney Alex Abdo in a statement. “Bulk collection is unconstitutional and
must end.”
Abdo argued the case before the Second Circuit, where a three-judge panel
ruled the program illegal — but noted that Congress was going to reassess the
law soon. It did not issue an injunction.
The USA Freedom Act, passed on June 2, requires the NSA to get a specific
warrant in order to obtain call records or metadata from communications
providers — starting on Nov. 29.
Anticipating questions about the Second Circuit decision, the surveillance
court judge explained in his ruling that only a higher court could tell him
what to do: “Second Circuit rulings are not binding on the FISC, and this court
respectfully disagrees with that Court’s analysis, especially in view of the
intervening enactment of the USA Freedom Act,” wrote Judge Michael Mosman in
the court order.
The ACLU took issue with that. “This dragnet surveillance program should never
have been launched, and it should certainly be terminated now,” Jameel Jaffer,
deputy legal director of the ACLU, said in a statement. “Not even the
government contends anymore that the program has been effective, and the Second
Circuit has already concluded that the program is illegal. It’s a needless and
unlawful intrusion into the privacy rights of millions of innocent Americans.”
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to Stop Bulk Phone-Data Collection, Even if It's Only Temporary</H1><P
class="txtauthor">By Jenna McLaughlin, The Intercept</P><P class="date">15 July
15</P><P> </P><P><IMG src="/images/stories/alphabet/rsn-T.jpg" border="0">he
nation’s secretive surveillance court should not have reinstated the National
Security Agency’s bulk collection of Americans’ phone call data even
temporarily, because an appellate court ruled that the program was illegal in
May, the American Civil Liberties Union argued in a lawsuit filed on Tuesday.
The suit asks the appellate court to overrule the secret court and enjoin the
program immediately.</P><P class="indent">The Second Circuit Court of Appeals
<A
href="https://www.aclu.org/sites/default/files/field_document/clapper-ca2-opinion.pdf";
target="_blank">ruled</A> on May 7 that the NSA program that vacuumed up
domestic metadata relating to all American phone calls — who was calling who,
when and for how long — was illegal, and that Congress did not intend Section
215 of the Patriot Act to authorize the government to instate such a wide
dragnet. Information about every single American’s phone call behavior is not
“relevant to an authorized investigation,†the court concluded.</P><P
class="indent">Congress let the spying program lapse by failing to renew it
before its June 1 expiration date. Then, when reform legislation passed the
following day, Congress called for the massive spying program to end — but
with a grace period.</P><P class="indent">The Foreign Intelligence Surveillance
Court then ruled that the bulk surveillance, first revealed by NSA
whistleblower Edward Snowden two years ago, could be resumed for five
months.</P><P class="indent">But in a <A
href="http://pdfserver.amlaw.com/nlj/aclu_ca2_20150714.pdf";
target="_blank">motion</A> filed on Tuesday afternoon, the ACLU and its New
York branch argue that the NSA is twisting the court’s words, and that bulk
collection must be ended immediately because it has been, and continues to be,
illegal.</P><P class="indent">“The government says it will wind down this
unconstitutional program eventually, but the Constitution doesn’t have a
grace period,†said ACLU Staff Attorney Alex Abdo in a statement. “Bulk
collection is unconstitutional and must end.â€</P><P class="indent">Abdo
argued the case before the Second Circuit, where a three-judge panel ruled the
program illegal — but noted that Congress was going to reassess the law
soon. It did not issue an injunction.</P><P class="indent">The USA Freedom Act,
passed on June 2, requires the NSA to get a specific warrant in order to obtain
call records or metadata from communications providers — starting on Nov.
29.</P><P class="indent">Anticipating questions about the Second Circuit
decision, the surveillance court judge explained in his ruling that only a
higher court could tell him what to do: “Second Circuit rulings are not
binding on the FISC, and this court respectfully disagrees with that Court’s
analysis, especially in view of the intervening enactment of the USA Freedom
Act,†wrote Judge Michael Mosman in the court order.</P><P class="indent">The
ACLU took issue with that. “This dragnet surveillance program should never
have been launched, and it should certainly be terminated now,†Jameel
Jaffer, deputy legal director of the ACLU, said in a statement. “Not even the
government contends anymore that the program has been effective, and the Second
Circuit has already concluded that the program is illegal. It’s a needless
and unlawful intrusion into the privacy rights of millions of innocent
Americans.â€</P></DIV><p style="text-align: right; display: none;"><A
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