Foreign Intelligence Surveillance Act

News & Analysis as of

Second Circuit Rules PATRIOT Act Does Not Authorize Government's Bulk Telephone Metadata Collection Program

In yet another reminder of the importance of maintaining the privacy of personal information, the Second Circuit Court of Appeals, in ACLU v. Clapper, issued a unanimous decision striking down the National Security Agency’s...more

eBay Lawsuit Dismissed

On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data...more

USA Freedom Act Filibustered: Debate Over National Surveillance And Government Data Collection Likely Scuttled Until Next Year

The USA Freedom Act was blocked in the Senate on November 18 when the sponsors could not obtain cloture, the 60 votes needed to shut down debate and obtain a vote on the bill. The bill addressed the limits of government data...more

CERCLA’s Dark Pathways Around Due Process

Most people would assume that, when the United States takes action directly impacting an individual, constitutional due process would ensure that individual has an opportunity to test the government’s action in court. That...more

Federal Judge Rules NSA Data Collection Program Is Likely Unconstitutional

On December 16, 2013, a federal judge for the District of Columbia issued an injunction prohibiting the U.S. government from collecting telephonic metadata as part of a National Security Agency ("NSA") surveillance program....more

Supreme Court's New Ruling May Bolster Defense of Data Breach and Privacy Cases

In Clapper v. Amnesty International, 568 U.S. 2013, the United States Supreme Court upheld the strict requirements under Article III for a plaintiff to have standing to sue in privacy cases. Rejecting Respondents' arguments...more

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