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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
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
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
Comments from CNSS to the Privacy and Civil Liberties Oversight Board on Executive Order 12333, which governs intelligence collection by the U.S. government. On April 8, 2015 the Board published its plan to study counterterrorism-related authorities. Additional public comments related to this study can be found here.
Published on 16 Jun 2015
The Center welcomes final passage of the USA Freedom Act on June 2, 2015 as “the first time since 2001 that the civil liberties community, the intelligence community and industry have agreed on a package of measures to protect individual liberties and constitutional government by curtailing unnecessary government surveillance powers.”
Published on 08 Jun 2015
Joe Onek outlines why the Senate must pass the USA Freedom Act in Roll Call.
Published on 15 May 2015