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  • Coalition to President: End NSA's Bulk Collection Program Now: EPIC and a coalition of 25 organizations urged the President and the Attorney General to end the NSA's bulk record collection program when the current authority expires on June 20. In January, the President committed to "end the Section 215 bulk metadata program as it currently exists." The coalition letter states, "[t]he NSA's Bulk Metadata program is simply not effective." Both the Privacy and Civil Liberties Oversight Board report and the President's Review Group report found the NSA's bulk collection to be ineffective. EPIC petitioned the Supreme Court to end the NSA's bulk collection of telephone records after the program was revealed last summer. EPIC's petition argued that the Foreign Intelligence Surveillance Court exceeded its authority when it ordered the production of all domestic telephone records. For more information, see In re EPIC. (Jun. 17, 2014)
  • House Judiciary Committee to Consider Bill to End Bulk Surveillance, Improve NSA Oversight: The House Judiciary Committee has scheduled a markup of the USA Freedom Act. The proposed "Manager's Amendment", sponsored by James Sensenbrenner (R-WI), would prevent bulk collection of phone records and other business records, and would limit the scope of phone record searches. The bill would also (1) limit the collection of US persons communications by the NSA's PRISM program, (2) require public reports on the use of FISA surveillance, (3) require declassification of significant FISA Court opinions, and (4) create a public advocate at the FISA Court. In 2012, EPIC testified before the House Judiciary Committee on the need for public reports and the declassification of significant FISC opinions. In 2013, EPIC filed a petition with the Supreme Court, alleging that the bulk collection of telephone record was unlawful. For more information, see EPIC: FISA Reform and In re EPIC. (May. 5, 2014)
  • President Obama Renews Unlawful, Ineffective Surveillance Authority: According to the Attorney General and the Director of National Intelligence, President Obama has renewed the NSA's authority to collect all of the telephone records of all American telephone customers. The "Section 215" program exceeded Congressional authority and was found to be ineffective by two expert panels. At a speech on January 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists. However, according to DNI Clapper, the United States filed an application with the FISC to reauthorize the existing program as previously modified for 90 days, and the FISC issued an order approving the government's application. The order issued expires on June 20, 2014. EPIC and others have strongly objected to the renewal of the 215 program. For more information, see EPIC In re EPIC. (Mar. 29, 2014)
  • Senator Leahy Urges President to End NSA Record Collection Program on Friday: In remarks published this week, Senator Patrick Leahy, Chairman of the Senate Judiciary Committee and co-sponsor of the USA FREEDOM Act, said "I welcome the President's statement that he plans to end the bulk collection of American’s phone records. That is a key element of what I and others have outlined in the USA FREEDOM Act, and that is what the American people have been demanding." Senator Leahy added, "the President could end bulk collection once and for all on Friday by not seeking reauthorization of this program. Rather than postponing action any longer, I hope he chooses this path." EPIC and others have urged the President not to renew the NSA telephone record collection authority when it expires this week. For more information, see In re EPIC. (Mar. 27, 2014)
  • Deadline Approaches for End of NSA's Telephone Record Collection Program: March 28 marks the deadline set by President Obama to end the NSA's bulk collection of American's telephone records. Last week, Attorney General Eric Holder confirmed that the Justice Department is ready to meet the deadline that the President has set. After extensive meetings with leaders of the Intelligence Community, both the President's Review Group and the Privacy and Civil Liberties Oversight Board found the program was ineffective and likely exceeded current legal authority. Senator Leahy, who held extensive public hearings, has stated "This program is not effective. It has to end." EPIC, supported by dozens of legal scholars and former members of the Church Committee, petitioned the US Supreme Court in July 2013 to end the "215" program. For more information, see In re EPIC and EPIC: NSA Verizon Phone Record Monitoring. (Mar. 24, 2014)
  • Review Group to Senate: NSA Program Has Not Prevented Threats: Members of the President's Review Group presented their recommendations for NSA reform a Senate Judiciary Committee hearing. EPIC participated in the work of the Review Group. The export panel set out 46 recommendations on a range of issues from reforming intelligence surveillance directed at United States persons to promoting prosperity, security, and openness in the networked world. The Members stated the the NSA's bulk collection of metadata had not prevented threats against the United States and recommend that the it be ended. Acknowledging privacy concerns, former CIA Deputy Director Michael Morrell also stated that "there is quite a bit of content in metadata." Last year, EPIC filed a petition in the Supreme Court challenging the legality of the NSA's telephone record collection program. Legal scholars and former members of the Church Committee supported the EPIC petition. The Supreme Court dismissed the petition without ruling on the merits. For more information, see In re EPIC.
    "there is quite a bit of content in metadata" - Morrell, former CIA Deputy Director (Jan. 15, 2014)
  • Presidential Task Force to Recommend Changes at NSA : The Review Group on Intelligence and Communications Technologies, established to recommend surveillance reforms, will send a final report to the President this Sunday. According to one news article, the task force will recommend putting a civilian leader in charge of NSA, separating out the code-breaking "Information Assurance Directorate," and splitting the U.S. Cyber Command off into a separate military unit. The Review Group will also recommend new limits on the NSA’s ability to search telephone call records, proposing that telephone records be stored with a third party rather than the NSA. The group will also recommend safeguards for the data of European citizens, and restrictions on the use of National Security Letters. Earlier this year, EPIC filed a petition with the U.S. Supreme Court, supported by legal scholars and former members of the Church Committee, arguing that the NSA bulk collection program was unlawful. For more information, see EPIC: Foreign Intelligence Surveillance Act, EPIC: Foreign Intelligence Surveillance Act Reform, and EPIC: In re EPIC. (Dec. 13, 2013)
  • EPIC Files Lawsuit to Determine Legal Authority For PRISM Program: EPIC has filed a Freedom of Information Act lawsuit against the Department of Justice's Office of Legal Counsel for the secret legal analyses that justifies the use of the NSA PRISM program. PRISM is a program that allows the FBI and NSA to collect information - including the contents of internet users' communications - directly from internet service providers, and without a warrant. Through this lawsuit, EPIC seeks to clarify which, if any, legal authority would permit such extensive domestic surveillance of personal activities. The secrecy of these opinions is of increasing concern to Open Government advocates. EPIC, joined by a coalition of FOIA organizations, recently filed an amicus brief in support of a New York Times lawsuit for opinions of the Office of Legal Counsel. For more information, see EPIC v. DOJ - PRISM. (Nov. 25, 2013)
  • Supreme Court Declines EPIC's Challenge to NSA Domestic Surveillance Program, Leaves in Place Order of Surveillance Court: Today the Supreme Court denied review of In re EPIC, a direct challenge to the NSA telephone record collection program. EPIC argued that an order of the secretive Surveillance Court that required Verizon to turn over all customer records exceeded legal authority. "It is simply not possible that every phone record in the possession of Verizon is relevant to a national security investigation," EPIC stated. EPIC asked the Supreme Court to overturn the order of the Foreign Intelligence Surveillance Court. Prominent legal scholars and members of the Church Committee who wrote the law agreed. Four groups filed amicus briefs in support and urged the Supreme Court to grant EPIC’s petition. However, the Supreme Court, without comment, declined to hear the case. For more information, see In re EPIC, In re EPIC Press Release. (Nov. 18, 2013)
  • Supreme Court to Consider EPIC Challenge to NSA Program This Week: The Supreme Court is scheduled to consider EPIC's challenge to the NSA telephone record collection program at conference this week. EPIC has asked the Court to overturn an order of the Foreign Intelligence Surveillance Court that compelled Verizon to produce all of the telephone records of all of its customers to the NSA. EPIC said that this order clearly exceeded the authority of the surveillance court. The EPIC Petition was distributed to the Justices last week along with briefs by former Church committee members and prominent scholars in information law, federal jurisdiction, and constitutional law, who all urged the Supreme Court to grant the EPIC petition. For more information, see In re EPIC. (Nov. 12, 2013)

Background

On the evening of June 5, 2013, The Guardian began publishing stories based on internal government documents disclosed by former National Security Agency (NSA) contractor Edward Snowden. The first story published by The Guardian described the NSA’s bulk metadata collection program, which has since been the subject of numerous lawsuits, government reports, and surveillance reform proposals. Under the Bulk Metadata Program, authorized by the Foreign Intelligence Surveillance Court, Verizon and other major telephone companies were ordered to turn over all telephone call detail records (including the numbers dialed and received, the time, duration, and other identifying information) to the NSA on an ongoing basis.

The second story, published by the Washington Post, described the NSA’s collection of Internet communications directly from major service providers including Google, Facebook, Microsoft, Yahoo!, Apple, Skype, and AOL. The documents released also described the NSA’s “upstream collection” activity, which involves collecting digital communications directly from the fiber optic facilities that transfer Internet traffic.

Subsequent stories published by The Guardian and the Washington Post have revealed the scope of NSA surveillance activities, including “the capability of recording ‘100 percent’ of a foreign country’s telephone calls, enabling the agency to rewind and replay conversations as long as a month after they take place.” The stories also revealed that the NSA has collected millions of Internet address books or “buddy lists,” and has infiltrated the private links between Google and Yahoo! data centers. Both The Guardian and the Washington Post received Pulitzer Prizes in 2014 for their coverage of the NSA story.

As a result of the Snowden revelations, Congress has conducted both public and classified hearings, and has considered reform proposals aimed at ending the bulk collection, increasing transparency, and improving the FISA Court process. The Office of the Director of National Intelligence has also released thousands of pages of formerly classified documents, and created a public website to provide ongoing updates and transparency reports. Even the FISA Court, which formerly had no public presence, has created a publicly available website and docket.

Edward Snowden is one of the 2014 recipients of EPIC’s Champion of Freedom Award

Interviews, Speeches, and Related News Stories

News Stories and Other Resources Based on the Documents

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