A federal court issued an opinion and order in ACLU v. Clapper, the ACLU’s challenge to the constitutionality of the NSA’s mass call-tracking program, ruling that the government’s 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’s motion to dismiss the case.
Arizona Congressman David Schweikert said he was disappointed by the ruling. “The idea that the NSA metadata collection is lawful highlights an even stronger need for congressional action to protect our constitutional rights,” said Schweikert.
Judge Pauley’s ruling conflicts with last week’s ruling by a federal judge in Washington, D.C., that the mass call-tracking program violates the Fourth Amendment. The ACLU plans 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relevant statutes, understates the privacy implications of the government’s surveillance, and misapplies a narrow and outdated precedent to read away core constitutional protections,” said Jameel Jaffer, ACLU deputy legal director. “As another federal judge and the president’s own review group concluded last week, the National Security Agency’s bulk collection of telephone data constitutes a serious invasion of Americans’ privacy. We intend to appeal and look forward to making our case in the Second Circuit.”
Judge Pauley wrote, “The natural tension between protecting the nation and preserving civil liberty is squarely presented by the Government’s bulk telephony metadata collection program.”
“While robust discussions are underway across the nation, in Congress, and at the White House, the question for this Court is whether the Government’s bulk telephony metadata program is lawful. This Court finds it is,” wrote Pauley in his 53-page ruling. “But the question of whether that program should be conducted is for the other two coordinate branches of Government to decide.”
Pauley wrote, “No doubt, the bulk telephony metadata collection program vacuums up information about virtually every telephone call to, from, or within the United States. That is by design, as it allows the NSA to detect relationships so attenuated and ephemeral they would otherwise escape notice. As the September 11th attacks demonstrate, the cost of missing such a thread can be horrific.”
Still, most Americans object to the government indiscriminately vacuuming up information without a warrant.