D.D.C.: NSA’s Bulk Telephony Metadata Program enjoined

The NSA’s Bulk Telephony Metadata Program is enjoined. Plaintiffs have shown likelihood of showing standing with a new party who is a Verizon customer (“Given the strong presumption that the NSA collected, and warehoused, the Little plaintiff’s data within the last five years, these plaintiffs unquestionably have standing to enjoin any future queries of that metadata.” This claim is not “attenuated” under Clapper. Plaintiffs have also shown a substantial likelihood of prevailing on the merits of the Fourth Amendment claim because of the nature of the privacy interest in smartphones and the character and degree of the government’s intrusion, still shrouded in secrecy. Finally, they will suffer irreparable harm without injunctive relief. Klayman v. Obama, 2015 U.S. Dist. LEXIS 151826 (D.D.C. Nov. 9, 2015), prior opinion 957 F.Supp.2d 1 (D.D.C. 2013), vacated and remanded 800 F.3d 559 (D.C.Cir. 2015).

See Wired: Judge Blocks NSA Spying and Sets an Important Precedent by Kim Zetter.