WASHINGTON (Aug. 30, 2015) – On Friday, a federal court overturned a lower court decision and quashed a lawsuit brought against an NSA bulk surveillance program by a conservative activist and civil-liberties groups.
The ruling demonstrates the near impossibility of stopping the NSA through legal action.
A three-judge D.C. Circuit Court of Appeals panel determined that the plaintiffs do not have standing to challenge the constitutionality of the program.
The judges held that Larry Klayman and his co-plaintiffs did not demonstrate a “concrete and particularized” injury necessary to sue because they could not prove the NSA spied on them directly.
Although one could reasonably infer from the evidence presented the government collected plaintiffs’ own metadata, one could also conclude the opposite,” Judge Janice Rogers Brown wrote. “[The plaintiffs] fall short of meeting the higher burden of proof required for a preliminary injunction.”
The decision lifts the injunction against the NSA that was imposed by U.S. District Judge Richard J. Leon in December 2013. The injunction was later stayed pending the appeal.
Leon held that the plaintiffs “demonstrated a substantial likelihood of success” in proving their Fourth Amendment rights were violated by the bulk collection of phone records.
I cannot imagine a more ‘indiscriminate’ and ‘arbitrary’ invasion than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval … Surely, such a program infringes on ‘that degree of privacy’ that the founders…