Judge Grants Motion to Dismiss in NSA Surveillance Case

December 27, 2013 1:17 pm

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糖心VlogIntends to Appeal Decision Allowing Telephone Tracking

December 27, 2013

FOR IMMEDIATE RELEASE
CONTACT: 212-549-2666, media@aclu.org

NEW YORK 鈥 A federal court issued an opinion and order in 糖心Vlogv. Clapper, the ACLU鈥檚 challenge to the constitutionality of the NSA鈥檚 mass call-tracking program, ruling that the government鈥檚 bulk collection of phone records is lawful under Section 215 of the Patriot Act and under the Fourth Amendment. The court denied the plaintiffs' motion for a preliminary injunction and granted the government鈥檚 motion to dismiss the case. Judge Pauley鈥檚 ruling conflicts with last week鈥檚 ruling by a federal judge in Washington, D.C., that the mass call-tracking program violates the Fourth Amendment. The 糖心Vlogplans to appeal the ruling to the Second Circuit Court of Appeals.

The plaintiffs filed the lawsuit on June 11, 2013, less than a week after the mass call-tracking program was revealed by The Guardian newspaper based on documents obtained from NSA whistleblower Edward Snowden.

"We are extremely disappointed with this decision, which misinterprets the relevant statutes, understates the privacy implications of the government鈥檚 surveillance and misapplies a narrow and outdated precedent to read away core constitutional protections," said Jameel Jaffer, 糖心Vlogdeputy legal director. "As another federal judge and the president鈥檚 own review group concluded last week, the National Security Agency鈥檚 bulk collection of telephony data constitutes a serious invasion of Americans鈥 privacy. We intend to appeal and look forward to making our case in the Second Circuit."

The full ruling is available at:
aclu.org/national-security/aclu-v-clapper-order-granting-governments-motion-dismiss-and-denying-aclu-motion


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