There is exciting breaking news out of the Second U.S. Circuit Court of Appeals, which covers the states of Connecticut, Vermont and, most importantly, New York.

A three-judge panel has ruled unanimously that provisions of the Patriot Act that allow collection of information relevant to terrorism investigations does not authorize the so-called “bulk collection” of phone records on the scale implemented by the National Security Agency.

The decision marks a second major court victory for NSA reform advocates, following a lower court decision six months ago finding the program is likely unconstitutional. The Circuit Court ruling also reinforces findings from the president’s own Privacy and Civil Liberties Oversight Board, which concluded there is “little evidence that the unique capabilities provided by the NSA’s bulk collection of telephone records actually have yielded material counterterrorism results that could not have been achieved without the NSA’s Section 215 program.”

This ruling reinforces our opposition to the Senate Republican Leadership’s move to pass a clean reauthorization of these ineffective and illegal mass surveillance programs. Accepting the status quo is a dereliction of the legislative branch’s responsibility to act as a check on executive overreach. It is time for Congress to rein in these invasive and illegal practices.

While the legislative battle and judicial process is far from over, today’s ruling is a good victory for privacy advocates and strengthens hope that we really can restore the Fourth Amendment.

Featured Publications