EFF: Appeals Court Asks the Right Questions in NSA Surveillance Case
Appeals Court Asks the Right Questions in NSA Surveillance Case On Monday, the Second Circuit Court of Appeals in New York held argument in United States v. Hasbajrami , an important case involving surveillance under Section 702 of the FISA Amendments Act . It is only the second time a federal appeals court has been asked to rule on whether the government can collect countless numbers of electronic communications—including those of Americans—and use these communications in criminal investigations, all without a warrant. In a lengthy and engaged argument [.mp3], a three-judge panel of the Second Circuit heard from lawyers for the United States and the defendant Agron Hasbajrami, as well as from ACLU attorney Patrick Toomey representing ACLU and EFF, which filed a joint amicus brief in support of the defendant. As we explained to the court in our amicus brief and at the argument, this surveillance violates Americans’ Fourth Amendment rights on a massive scale. Hasbajrami is a ...