Appeals court hears challenge to NSA's bulk collection of phone records; a 'peculiar' claim?
The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday considered a constitutional challenge to the bulk collection of phone records revealed as a result of leaks by Edward Snowden.
The U.S. Justice Department is appealing a federal judge’s injunction against the National Security Agency program in a suit filed by legal activist Larry Klayman, who represented himself in the appeal, report the New York Times, the Associated Press, the Wall Street Journal (sub. req.) and the Washington Post.
Klayman has alleged the NSA sent his clients texts that appeared to come from his phone and managed to snap a photo of one of his clients on a computer that did not have a camera, according to the Times account. The story reports that Judge Stephen Williams looked at Klayman “with a pinched expression” and said his account “sounds very peculiar.”
The Wall Street Journal also noted that the judges appeared to struggle at times with Klayman’s argument, “particularly when he cited what he called ‘invasions’ of his cellphone as evidence the government is lying about the extent to which it snoops on citizens, or ‘gets into people’s underwear, so to speak.’’’
At issue is the reach of a 1979 Supreme Court case that says the Fourth Amendment does not protect metadata information about calls. The Justice Department argues that even if the Fourth Amendment does apply, restrictions on the program mean individualized warrants aren’t needed.
President Barack Obama modified the bulk collection program in January to require surveillance court approval before the NSA can search the database for records related to a specific phone number.
Klayman’s suit is one of three challenges to the program, the Washington Post says. The American Civil Liberties Union also challenged the program; an appeal is pending before the New York-based 2nd U.S. Circuit Court of Appeals. A similar case is pending in Seattle.
