Criminal Justice & the Rule of Law Intelligence Surveillance & Privacy

District Court Opinion Enjoins Bulk Metadata Collection Program

Benjamin Wittes
Monday, December 16, 2013, 2:04 PM
This today from Judge Richard Leon of the U.S. District Court for the District of Columbia. Judge Leon appears to have stayed his opinion pending review. I haven't read it yet. But it concludes:
In the months ahead, other Article III courts, no doubt, will wrestle to find the proper balance consistent with our constitutional system. But in the meantime . . .

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This today from Judge Richard Leon of the U.S. District Court for the District of Columbia. Judge Leon appears to have stayed his opinion pending review. I haven't read it yet. But it concludes:
In the months ahead, other Article III courts, no doubt, will wrestle to find the proper balance consistent with our constitutional system. But in the meantime . . . I will grant Larry Klayman's and Charles Strange's request for an injunction and enter an order that (1) bars the Government from collecting, as part of the NSA's Bulk Telephony Metadata Program, any telephony metadata associated with their personal Verizon accounts and (2) requires the Government to destroy any such metadata in its possession that was collected through the bulk collection program. However, in light of the significant national security interests at stake in this case and the novelty of the constitutional issues, I will stay my order pending appeal. In doing so, I hereby give the Government fair notice that should my ruling be upheld, this order will go into effect forthwith. Accordingly, I fully expect that during the appellate process, which will consume at least the next six months, the Government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld. Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.
We'll have a summary, and I'm sure, lots of comments.

Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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