NSA surveillance challenges moving through courts

AP

This June 6, 213 file photo shows the sign outside the National Security Agency (NSA) campus in Fort Meade, Md.

WASHINGTON While Congress mulls how to curtail the NSA's collection of Americans' telephone records, impatient civil liberties groups are looking to legal challenges already underway in the courts to limit government surveillance powers.

Three appeals courts are hearing lawsuits against the bulk phone records program, creating the potential for an eventual Supreme Court review. Judges in lower courts, meanwhile, are grappling with the admissibility of evidence gained through the NSA's warrantless surveillance.

Advocates say the flurry of activity, which follows revelations last year by former NSA contractor Edward Snowden of once-secret intelligence programs, show how a post-9/11 surveillance debate once primarily hashed out among lawmakers in secret is being increasingly aired in open court not only in New York and Washington but in places like Idaho and Colorado.

"The thing that is different about the debate right now is that the courts are much more of a factor in it," said Jameel Jaffer, deputy legal director at the American Civil Liberties Union. Before the Snowden disclosures, he said, courts were generally relegated to the sidelines of the discussion. Now, judges are poised to make major decisions on at least some of the matters in coming months.

Though it's unclear whether the Supreme Court will weigh in, the cases are proceeding at a time when the justices appear increasingly comfortable with digital privacy matters including GPS tracking of cars and police searches of cellphones.

The cases "come at a critical turning point for the Supreme Court when it comes to expectations of privacy and digital information," said American University law professor Stephen Vladeck.

Revelations that the government was collecting phone records of millions of Americans who were not suspected of crimes forced a rethinking of the practice, and President Barack Obama has called for it to end.

Since then, the House has passed legislation that civil libertarians say did not go far enough. In the Senate, Vermont Democrat Patrick Leahy, the Judiciary Committee chairman, is seeking a vote on a stricter measure to ban bulk collection, and it has bipartisan backing and support from the White House.

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NSA surveillance challenges moving through courts