U.S.
DOJ appeals district court ruling against NSA phone surveillance program
The US Department of Justice (DOJ) on Friday filed an appeal to a federal district court ruling that held that the National Security Agency (NSA) program of collecting phone call data is likely unconstitutional. In December Judge Richard Leon granted in part the plaintiffs' motion for a preliminary injunction, but he stayed his order pending appeal. The DOJ has asked the US Court of Appeals for the District of Columbia Circuit to reconsider the lower court opinion.
The revelations surrounding NSA surveillance programs have sparked worldwide debate and controversy. In September the Foreign Intelligence Surveillance Court released a previously classified opinion explaining why a NSA program to keep records of Americans' phone calls is constitutional. Also in September the American Civil Liberties Union (ACLU) urged the Obama administration to curb the FBI's surveillance powers. In August the Council of Europe expressed concern over the UK reaction to the exposure of the US surveillance program. Lawmakers have also called for a criminal investigation into the activities of Edward Snowden, who came forward in early June as the whistleblower in the NSA surveillance scandal. JURIST Guest Columnist Christina Wells argues that the broad provisions of the Espionage Act, under which Snowden is charged, raise significant First Amendment concerns.
(Published by Jurist – January 5, 2013)