December 27, 2013 | By Mark Rumold

Judge's Decision Is Disappointing, But Fight Over Program's Legality Is Not Over

After the D.C. District Court found the NSA’s record collection program unconstitutional just last week, we are obviously disappointed and disagree with Judge Wiliam H. Pauley’s decision in ACLU v. Clapper today. Among other things, the decision relied on government justifications for the program that have been repeatedly disproven, and a 30-year-old Supreme Court decision concerning the call records of a single person over a matter of weeks. Neither provides a legitimate basis for the NSA to vacuum up the call records of hundreds of millions of Americans without any suspicion of wrongdoing, and to keep and search those records for 5 years. EFF filed an amicus brief in the ACLU case on behalf of Rep. Jim Sensenbrenner, the author of the Patriot Act.

EFF still has two cases challenging the NSA’s records collection program pending in the Northern District of California, First Unitarian v. NSA and Jewel v. NSA, and we look forward to having those cases heard. In spite of the ruling today, the fight over the legality of the NSA's surveillance programs is far from over.


Deeplinks Topics

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Peru adopts data retention decree: Declares location data no longer protected. https://eff.org/r.l9dp cc: @hiperderecho

Jul 27 @ 3:03pm

Syrian activist and blogger Hussein Ghrer has been freed
https://eff.org/r.81bu

Jul 27 @ 2:24pm

The jailing of journalists in Ethiopia violates international human rights law. #FreeZone9Bloggers https://eff.org/r.enum

Jul 27 @ 1:19pm
JavaScript license information