The ACLU has its own lawsuit challenging the NSA phone program. It was dismissed Dec. 27 by a federal judge in New York and is being appealed to the U.S. Court of Appeals for the 2nd Circuit. The EFF has two lawsuits challenging the program, both of which are pending in district court after delays.
The Smith case “is certainly moving a little faster than ours,” EFF senior staff attorney David Greene tells U.S. News. “When they got a decision, they got a decision … and we’re happy to help.”