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
California: DOJ Issues “Notice of Modification” to Proposed Ammunition Background Check Regulations

Thursday, April 18, 2019

California: DOJ Issues “Notice of Modification” to Proposed Ammunition Background Check Regulations

Today, the California Department of Justice issued a “Notice of Modification” to their proposed regulations regarding the soon to be implemented ammunition background check procedures. As a result of these changes, a second 15-day public ...

Heeee’s Baaack: Bill Clinton Peddles Gun Control on a Wish and a Lie

News  

Friday, April 19, 2019

Heeee’s Baaack: Bill Clinton Peddles Gun Control on a Wish and a Lie

Proving there is no statute of limitations on political opportunism, this week former President Bill Clinton used the occasion of the twentieth anniversary of the tragic school shooting in Littleton, Colo. to pen an op-ed pushing ...

Maine: Firearm Seizure Bill Heads To Judiciary Committee

Wednesday, April 17, 2019

Maine: Firearm Seizure Bill Heads To Judiciary Committee

On April 22nd, the Maine Judiciary Committee will hold a hearing on Legislative Document 1312, which would allow for firearms to be seized and Second Amendment rights to be suspended without due process. 

Indiana: Important Self-Defense Bill Passes Legislature, On to Governor

Monday, April 22, 2019

Indiana: Important Self-Defense Bill Passes Legislature, On to Governor

On April 22nd, both chambers of the Indiana General Assembly voted to concur with the amendments made to House Bill 1284 during the conference committee process.  HB 1284 has been amended to now include many ...

New York Times Admits Privately-Funded “Gun Violence” Research is a Thing

News  

Friday, April 19, 2019

New York Times Admits Privately-Funded “Gun Violence” Research is a Thing

The New York Times – the “paper of record” – reports that “Gun Research is Suddenly Hot.” While we’re happy to see the Times has finally acknowledged that “gun research” can survive federal restrictions on taxpayer funded gun control ...

California: Legislature Returns from Spring Break

Sunday, April 21, 2019

California: Legislature Returns from Spring Break

The California Legislature returns from spring recess this week and seven different committees are considering bills that could impact your rights. 

News  

Monday, April 22, 2019

With Proposed Federal Legislation, Anti-gun Advocates Seek to Impose May-Issue Gun Ownership

In 1987, only ten states had concealed carry laws that treated the Right-to-Carry in a manner consistent with our constitutional right to bear arms. Understanding that the whims and prejudices of government officials are incompatible ...

Media Continues to Cause Distorted Fear of School Violence

News  

Friday, April 19, 2019

Media Continues to Cause Distorted Fear of School Violence

When it comes to the wellbeing of today’s youth, one would think that all could agree that provoking unnecessary fear should be avoided. That apparently is not the case, however, when it comes to pushing ...

President to Speak at 148th NRA Annual Meetings and Exhibits in Indianapolis, Indiana on April 26

News  

Monday, April 22, 2019

President to Speak at 148th NRA Annual Meetings and Exhibits in Indianapolis, Indiana on April 26

President Donald J. Trump and Vice President Mike Pence will address NRA members at the NRA Institute for Legislative Action (NRA-ILA) Leadership Forum on Friday, April 26, 2019 in Indianapolis, Indiana. The complete list of ...

Pittsburgh Residents Seek Preliminary Injunction Against Ban on Standard Capacity Magazines

News  

Wednesday, April 17, 2019

Pittsburgh Residents Seek Preliminary Injunction Against Ban on Standard Capacity Magazines

With support from the NRA, gun owners challenging Pittsburgh’s ban on publicly carrying loaded magazines capable of holding more than 10 rounds filed a motion today seeking a preliminary injunction. If the motion is granted, ...

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.