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

Fair use would be a boon for Australia, but big content industries are doing their best to block it. https://www.eff.org/deeplinks... #fairuseweek

Feb 21 @ 9:06am

This Wed 2/22 join EFF's @sheeyahshee at @PrototypePrime outside Atlanta to discuss surveillance and resistance https://www.eff.org/event/eff...

Feb 21 @ 6:19am

In Xilinx ruling, Federal Circuit suggests trolls still able to drag you to their distant lairs. https://www.eff.org/deeplinks...

Feb 17 @ 3:14pm
JavaScript license information