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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
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
Privacy Board Issues Findings on Communications Surveillance Under § 702 of FISA
The Privacy and Civil Liberties Oversight Board has released its report on communications collected pursuant to § 702 of the Foreign Intelligence Surveillance Act. Read CNSS' statement in response here. Prior to the report’s release, CNSS and other civil liberties organizations sent a letter to the Board urging it to endorse a probable cause requirement to search all U.S. person communications collected under the program. See also CNSS’ Comments on the 702 program and prior Comments regarding secret surveillance.
Published on 02 Jul 2014
“What’s a Logical Drone Strikes Policy? Hint: Not the Current One”
The New York Times’ Andrew Rosenthal highlights the Center’s paper on U.S. drone strikes, written in partnership with the American Bar Association’s Center for Human Rights.
Published on 21 Mar 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
CNSS' comments to the Privacy and Civil Liberties Oversight Board suggesting additional investigations and oversight of the government’s surveillance programs.
Published on 28 Aug 2014
CNSS supports passage of the revised USA FREEDOM Act S.2685 by Senator Patrick Leahy and others to end bulk collection of Americans’ telephone metadata under the so-called “section 215” program. Text of the bill can be found here, and the summary is here.
Published on 29 Jul 2014
Writing on Just Security, CNSS calls on the Obama administration to disclose whether the Justice Department has claimed that the NSA’s bulk metadata collection could be legal under other authorities in addition to “section 215”, which section Congress proposes to amend in the USA Freedom Act. In February, CNSS asked the Justice Department and the ODNI to declassify and disclose more information about the history of the bulk metadata program, including a 2004 Justice Department Office of Legal Counsel Memorandum which apparently discussed the legal basis for such collection. While both Members of the House and the administration claim that the House-passed USA Freedom Act would end the NSA’s bulk collection in fulfillment of the President’s pledge to do so, that claim is impossible to evaluate without knowing whether the Justice Department claims that there are other potential authorities which could be used by this or a future administration to reinstate bulk collection, even if the USA Freedom Act is enacted.
Published on 17 Jul 2014