In the wake of the past week’s revelations about the NSA’s unprecedented mass surveillance of phone calls, today the ACLU filed a lawsuit charging that the program violates Americans’ constitutional rights of free speech, association, and privacy.
This lawsuit comes a day after we submitted a motion to the Foreign Intelligence Surveillance Court (FISC) seeking the release of secret court opinions on the Patriot Act’s Section 215, which has been interpreted to authorize this warrantless and suspicionless collection of phone records.
Last week, The Guardian released an order issued by the FISC that compelled a Verizon subsidiary—Verizon Business Network Services (VBNS)—to hand over, on an ‘ongoing, daily basis,’ details for every phone call placed on its network for a prospective three-month period. Collecting those details—’metadata‘ that reveals who people talk to, for how long, how often, and possibly from where—allows the government to paint an alarmingly detailed picture of Americans’ private lives. The FISC order cited Section 215 as its legal basis, yet the breadth of the authority it granted to the government is simply incompatible with the text of the statute.
As an organization that advocates for and litigates to defend the civil liberties of society’s most vulnerable, the staff at the ACLU naturally use the phone—a lot—to talk about sensitive and confidential topics with clients, legislators, whistleblowers, and ACLU members. And since the ACLU is a VBNS customer, we were immediately confronted with the harmful impact that such broad surveillance would have on our legal and advocacy work. So we’re acting quickly to get into court to challenge the government’s abuse of Section 215.
The ACLU’s complaint filed today explains that the dragnet surveillance the government is carrying out under Section 215 infringes upon the ACLU’s First Amendment rights, including the twin liberties of free expression and free association. The nature of the ACLU’s work—in areas like access to reproductive services, racial discrimination, the rights of immigrants, national security, and more—means that many of the people who call the ACLU wish to keep their contact with the organization confidential. Yet if the government is collecting a vast trove of ACLU phone records—and it has reportedly been doing so for as long as seven years—many people may reasonably think twice before communicating with us….
Brace yourself America; we’re in for a bumpy ride. The ACLU is the first organization to sue the Obama administration for infringing upon the liberties of Americans and invading our privacy but you can bet that they will not be the last.
As for those officials who support the spying and infringing upon the liberties of Americans on both the left and the right, they must be voted out of office, once and for all.
On a final note, can’t help but wonder how Obama and his Communist bffs are going to feel about one of their own suing the pants off of them.
- ACLU asks spy court to release secret rulings in response to leaks (tv.msnbc.com)
- Rights groups ask US spy court for justification of Verizon order (pcworld.com)
- Michael Savage: ACLU turns on Obama (wnd.com)
- Big Surveillance Apologists Shun Constitution (acslaw.org)
- NSA ‘top secret’ spying order affects millions of Americans: FAQ (zdnet.com)
- Does the Fourth Amendment regulate the NSA’s analysis of call records? The FISC might have ruled it does. (concurringopinions.com)