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
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

New Jersey: Assembly Committee Schedules Gun Control Next Week

Friday, December 12, 2025

New Jersey: Assembly Committee Schedules Gun Control Next Week

On Monday, December 15, the Assembly Judiciary Committee will hold a hearing on a couple of gun control bills, promising to gift more coal to Garden State gun owners during the lame duck session. Please contact ...

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

News  

Monday, December 8, 2025

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

A few weeks ago, an alert discussed the Gallup organization’s polling that tracks historic changes in the public’s perception of mass media (newspapers, TV, and radio). Since 1972, Gallup has been asking Americans about their “trust and ...

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

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.