Federal Appeals Court to Hear Challenge to NSA Surveillance Program

The U.S. Court of Appeals for the D.C. Circuit is scheduled to hear arguments tomorrow (November 4, 2014) in Klayman v. Obama, a challenge to the NSA's domestic surveillance program. Klayman is one of several cases challenging the NSA's ongoing collection of domestic telephone records. In the Klayman case, Judge Richard Leon ruled that the NSA likely violated the Fourth Amendment. The government has appealed that decision. In a related case before the Ninth Circuit, EPIC filed an amicus curiae brief, arguing that communications data should be protected under the Fourth Amendment and that the 1979 decision Smith v. Maryland no longer applies, given the evolution of modern communications technology. Last year EPIC petitioned the US Supreme Court to end the NSA program, arguing that the Foreign Intelligence Surveillance Court exceeded its authority when it ordered Verizon to turn over all domestic call records to the NSA. The EPIC Petition was supported by legal scholars, technical experts, and former members of the Church Committee. For more information, see EPIC: Klayman v. Obama, EPIC: Smith v. Obama, In re EPIC.


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