Explore The NRA Universe Of Websites

Big Loss for Big Brother: Federal Appeals Court Rules Against Government on Mass Surveillance

Friday, May 8, 2015

Big Loss for Big Brother:  Federal Appeals Court Rules Against Government on Mass Surveillance

On May 7, 2015, in a significant victory for Americans’ right to privacy and the rule of law, the U.S. Court of Appeals for the Second Circuit ruled in favor of the plaintiffs in the case of ACLU v. Clapper, which challenged the National Security Agency’s bulk collection of telephone metadata under Section 215 of the USA PATRIOT Act. While the plaintiffs raised various claims, the court ultimately ruled that the provision of law the government claimed enabled the mass surveillance program did not confer that authority. According to the court’s opinion, “the text of § 215 cannot bear the weight the government asks us to assign to it, and … it does not authorize the telephone metadata program.” Your NRA had participated in the case by filing friend of the court briefs at different stages of the proceedings. We have also supported legislation to curtail the NSA’s dragnet surveillance of American citizens.

As described by the court’s opinion, the information captured under the program concerns “details about telephone calls, including, for example, the length of a call, the phone number from which the call was made, and the phone number called.” Additionally, “Metadata can … reveal the user or device making or receiving a call through unique ‘identity numbers’ associated with the equipment … and provide information about the routing of a call through the telephone network, which can sometimes … convey information about a caller’s general location.” Analysis of this information, even without listening to the content of the calls, can reveal detailed information about the parties to the call, including civil, political, or religious affiliations; social status and networks; and even possession of certain items.

The NRA argued in its briefs that NSA’s data collection program violates the First Amendment rights of NRA members by potentially chilling their willingness to communicate.  It also asserted that the NSA program could be used to circumvent statutory protections barring the federal government from collecting gun ownership records.  While the court did not resolve the case on those grounds, the breadth of opposition to the program from across the political and ideological spectrums likely underscored to the court the gravity and scope of the privacy violations at issue.

Since the litigation began, media reports – often citing accounts from whistleblowers formerly associated with U.S. intelligence agencies – have accused the federal government of far more intrusive practices against Americans who are under no suspicion of wrongdoing. This includes capturing and storing the actual content of digital communications (including cell phone calls and e-mails) and developing programs to automatically transcribe audio communications, the better to conduct keyword searches of them. Whatever the full extent of the modern surveillance state under Barack Obama may actually be, it’s clear that the very government which is supposed to serve the people treats those same people as inherently suspicious and in need of monitoring. A more backward view of America’s constitutional order is hard to imagine.

One of the fundamental flaws behind most types of gun control is that it purports to punish “the bad guys” by focusing its restrictions primarily on the good guys. The same defect applies to the practice of capturing huge amount of information about Americans, their communications, and their activities on the off-chance it might later prove useful when targeting a legitimate threat. Not only does this violate lawful citizens’ expectations of privacy, it can chill lawful conduct and the exercise of constitutionally protected freedoms, and it conflicts with American values as reflected in the Constitution and laws of our land.

We will continue to report on further developments in this important, unfolding story. While Big Brother is indeed watching, NRA is committed to ensuring that your Second Amendment choices and activities remain shielded from his gaze.

TRENDING NOW
Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

News  

Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

News  

Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

News  

Monday, January 26, 2026

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

As America gets ready to embark on its 250th birthday celebrations, it’s a good time to assess and appreciate how lucky we are, with constitutional protections of speech and gun rights. Nothing puts that into ...

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tuesday, January 27, 2026

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tomorrow, the New Mexico Senate Health & Public Affairs Committee is scheduled to hold a hearing on an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten ...

Second Amendment Momentum: Quick Takeaways from SHOT Show

News  

Monday, January 26, 2026

Second Amendment Momentum: Quick Takeaways from SHOT Show

Last week’s 48th annual SHOT (Shooting, Hunting, and Outdoor Trade) Show hosted by the National Shooting Sports Foundation (NSSF)) showcased not only the latest and greatest guns and gear, but an invigorated and promising outlook for the Second ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Virginia: Gun Control Hearings Continue

Tuesday, January 27, 2026

Virginia: Gun Control Hearings Continue

Virginia Democrats continue their brazen assault on the Second Amendment in both chambers of the General Assembly. 

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.