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"Perhaps it is a universal truth that the loss of liberty at home is to be charged to provisions against danger, real or pretended, from abroad"

James Madison, May 13, 1798

CNSS Spotlight on the Issues

Writing in The Hill, CNSS Warns Congress That Not Voting on War Authorization Against ISIL Is the Real Blank Check for War
In The Hill's Congress Blog, Director Kate Martin urges Congress to consider and vote on the president’s war authorization against ISIL to uphold its constitutional responsibility and reject the over broad interpretation of the 2001 war authority. 

Published on 27 Mar 2015

CNSS Applauds Privacy Watchdog Report Tracking Implementation of Surveillance Reforms
The Privacy and Civil Liberties Oversight Board released its Recommendation Assessment Report evaluating the Obama Administration’s progress in implementing the Board’s recommended surveillance reforms contained in its Section 215 and Section 702 reviews.  CNSS urged the PCLOB to “undertake an examination and prepare public reports on the status of its recommendations… in time for consideration of the upcoming sunset of 215 authority in June 2015” in comments submitted in August 2014. 

Published on 29 Jan 2015

Amicus CNSS Argues NSA Metadata Program Violates Section 215
On November, 4, 2014, the D.C. Circuit heard oral argument in one of three cases challenging the legality of the NSA’s bulk collection of telephone metadata.  In the D.C. case, Klayman v. Obama, the plaintiff and amici EFF and ACLU argued that the bulk collection violates the Fourth Amendment.  CNSS filed an amicus brief arguing that the program was never authorized by Congress and violates section 215.  CNSS represented by Paul Smith of Jenner and Block, argued that Congress never intended to give the NSA the authority to continuously collect the telephone records of all Americans.  Section 215 on its face is limited to the FBI, not the NSA, and is limited to records relevant to investigations, which by definition must be something less than all records.  A similar challenge is pending before the Ninth Circuit, Smith v. Obama, and CNSS also filed an amicus brief in that case arguing that the NSA’s bulk telephone metadata collection wasn’t authorized by Congress.  The third civil pending case, ACLU v. Clapper was argued before the Second Circuit in September 2014 and in that case, plaintiff ACLU challenged the program as a violation of both the statute and the Constitution. 

Published on 04 Nov 2014

Resources

CNSS Amicus Brief Arguing that NSA's Bulk Telephone Metadata Program Was Never Authorized By Congress

In April 2014, CNSS filed an Amicus Brief before the Foreign Intelligence Surveillance Court, making the case that the court's (now public) orders to phone companies to hand over all telephone metadata of all customers to the NSA are not authorized by Congress in section 215 of the Foreign Intelligence Surveillance Act.  CNSS pointed out that the NSA itself would be “strengthened when Americans are assured that its powerful tools are directed outward not inward but is weakened when it is thrust into the role of analyst and archivist for the details of calls of all Americans.”  The government refused to file an opposition to CNSS’s brief and to date the FISA Court has continued to authorize the program.

 Published on 04 Nov 2014

"The Senate Must Pass the USA Freedom Act"

Joe Onek outlines why the Senate must pass the USA Freedom Act in Roll Call.

 Published on 15 May 2015

CNSS Supports the House-passed USA Freedom Act

CNSS applauds the House of Representatives for passing the USA Freedom Act.  Although the House bill does not include all the reforms of NSA surveillance needed to protect our civil liberties, it ends the bulk collection of telephone call records and rejects the spurious and once-secret interpretation of Section 215 of the Patriot Act that permitted such bulk collection.   CNSS urges the Senate to promptly join the House in passing the USA Freedom Act.   There should be no extension of Section 215 beyond its June 1 expiration date, even on a temporary basis.  Any extension would simply be used to try to weaken the USA Freedom Act. 

 Published on 13 May 2015

Letter to Congressional Leaders in Support of the USA Freedom Act

Letter to Congressional Leaders Urging Them to Support of the USA Freedom Act of 2015.

 Published on 06 May 2015

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