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Smith v. Obama

The Electronic Freedom Foundation, the American Civil Liberties Union and the American Civil Liberties Union of Idaho have announced they will join Anna Smith's legal team in her challenge of the government's bulk collection of the telephone records of millions of innocent Americans.

Smith, an emergency neonatal nurse and pregnant mother of two, filed her suit against President Obama and several U.S. intelligence agencies shortly after the government confirmed revelations that the National Security Agency was conducting bulk collection of telephone records under Section 215 of the Patriot Act.

Smith, a customer of Verizon wireless, one of the companies that was ordered to disclose records to the NSA, argued the program violated her First and Fourth Amendment rights by collecting a wealth of detail about her familial, political, professional, religious and intimate associations.

"When I found out that the NSA was collecting records of my phone calls, I was shocked," said Smith, who is also represented by her husband, Peter J Smith IV, and Idaho state Rep. Luke Malek.

"I have heard of other governments spying indiscriminately on their own citizens, but I naively thought it did not happen in America. I believe who I call, when I call them, and how long we talk is not something the government should be able to get without a warrant. I sued because I believe the Constitution protects my calls from government searches. I am thrilled that the American Civil Liberties Union and Electronic Frontier Foundation agreed to assist us in this case. What Americans can reasonably expect to remain private is an issue of monumental importance."

When U.S. District Judge Lynn Winmill dismissed Smith's case, he expressed grave concerns about the privacy implications of the NSA's surveillance but said that he believed that a 1979 Supreme Court case about targeted surveillance tied his hands. Smith is now appealing to the Ninth Circuit Court of Appeals.

The EFF and the ACLU have each litigated numerous First and Fourth Amendment lawsuits, including ongoing cases over this very NSA program. The ACLU is a plaintiff in a case currently pending before the Second Circuit Court of Appeals to be heard in early September. EFF has two cases before the Northern California federal court. Smith v. Obama represents another opportunity to halt this mass surveillance.

"Anna Smith proves that a single citizen has the power to stand up for her rights and challenge the government when it tramples them," EFF legal director Cindy Cohn said. "EFF is proud to lend our expertise in pursuing her appeal, which could very well be one of the cases that makes it to the Supreme Court."

The court has granted Smith's motion to expedite the case, with the opening brief due on September 2.

"The call records program needlessly invades the privacy of millions of people," said ACLU deputy legal director Jameel Jaffer. "Even the President has acknowledged that the NSA does not need to collect information about every phone call in order to track the associations of suspected terrorists. Dragnet surveillance on this scale is both unconstitutional and unnecessary."

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Previously:
* EFF Sues NSA Over FOIA.

* Stand Against Spying.

* The NSA Revelations All In One Chart.

* U.S. Supreme Court Limits Cell Phone Searches.

* EFF To Court: There's No Doubt The Government Destroyed NSA Spying Evidence.

* House Committee Puts NSA On Notice Over Encryption Standards.

* Which Tech Companies Help Protect You From Government Data Demands?

* Lawsuit Demands DOJ Release More Secret Surveillance Court Rulings.

* Human Rights Organizations To Foreign Ministers: Stop Spying On Us.

* What The Proposed NSA Reforms Wouldn't Do.

* Technologists Turn On Obama.

* Dear Supreme Court: Set Limits On Cell Phone Searches.

* EFF Fights National Security Letter Demands On Behalf Of Telecom, Internet Company.

* Eighth-Grader Schools The NSA.

* You Know Who Else Collected Metadata? The Stasi.

* Today We Fight Back.

* The Day We Fight Back.

* FAQ: The NSA's Angry Birds.

* Jon Stewart: The Old Hope-A-Dope.

* Four Blatantly False Claims Obama Has Made About NSA Surveillance.

* EFF To DOJ In Lawsuit: Stop Pretending Information Revealed About NSA Over Last Seven Months Is Still A Secret.

* Judge On NSA Case Cites 9/11 Report, But It Doesn't Actually Support His Ruling.

* Edward Snowden's Christmas Message.

* Jon Stewart: Obama Totally Lying About NSA Spying.

* Presidential Panel To NSA: Stop Undermining Encryption.

* The NSA Is Coming To Town.

* 60 Minutes We Can't Get Back.

* Why Care About The NSA?

* NSA Surveillance Drives Writers To Self-Censor.

* Filed: 22 Firsthand Accounts Of How NSA Surveillance Chilled The Right To Association.

* Claim On 'Attacks Thwarted' By NSA Spreads Despite Lack Of Evidence.

* Obama Vs. The World.

* How A Telecom Helped The Government Spy On Me.

* UN Member States Asked To End Unchecked Surveillance.

* Government Standards Agency: Don't Follow Our Encryption Guidelines Because NSA.

* Five More Organizations Join Lawsuit Against NSA.

* A Scandal Of Historic Proportions.

* Item: NSA Briefing.

* The Case Of The Missing NSA Blog Post.

* The NSA Is Out Of Control.

* Patriot Act Author Joins Lawsuit Against NSA.

* Obama's Promises Disappear From Web.

* Why NSA Snooping Is A Bigger Deal In Germany.

* Item: Today's NSA Briefing.

* NSA Briefing: It Just Got Worse (Again).

* Song of the Moment: Party at the NSA.

* It Not Only Can Happen Here, It Is Happening Here.

* What NSA Transparency Looks Like.

* America's Lying About Spying: Worse Than You Think.

* Obama Continues To Lie His Ass Off About The NSA.

* The Surveillance Reforms Obama Supported Before He Was President.

* America's Spying: Worse Than You Think.

* Has The U.S. Government Lied About Its Snooping? Let's Go To The Videotape.

* Who Are We At War With? That's Classified.

* Six Ways Congress May Reform NSA Snooping.

* NSA Says It Can't Search Its Own E-Mails.

* Does The NSA Tap That?

* Obama Explains The Difference Between His Spying And Bush's Spying.

* FAQ: What You Need To Know About The NSA's Surveillance Programs.

* NSA: Responding To This FOIA Would Help "Our Adversaries".

* Fact-Check: The NSA And 9/11.

* The NSA's Black Hole: 5 Things We Still Don't Know About The Agency's Snooping.

* Defenders Of NSA Surveillance Citing Chicago Case Omit Most Of Mumbai Plotter's Story.

* Obama's War On Truth And Transparency.

* ProPublica's Guide To The Best Stories On The Growing Surveillance State.

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See also:
* Jimmy Carter: America's Shameful Human Rights Record.

* James Goodale: Only Nixon Harmed A Free Press More.

* Daniel Ellsberg: Obama Has Committed Impeachable Offenses.

* Paul Steiger: Why Reporters In The U.S. Now Need Protection.

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Comments welcome.



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Posted on July 17, 2014


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