Latest Round of Briefing in ACLU v. Clapper “Telephony Records Program” Case

The ACLU and the Government filed their reply briefs today on their respective motions in the Section 215 “Telephony Records Program” litigation in the Southern District of New York.

The ACLU brief is here.  It is accompanied by a supplemental declaration of Prof. Edward Felten, which is addressed principally to the question of whether the government would be able to effect its desired “three-hop analysis” of a suspect’s phone number if all the call records remained in the possession of telecom providers rather than being collected by the NSA.  (Felten also addresses three other questions.)

The Government’s brief is here.

My previous posts on the statutory question (which contain links to the previous filings in the ACLU v. Clapper case) can be found here and here.  My colleague Laura Donohue discusses the Fourth Amendment question, and much more, in this paper.  And David Kris discusses the Section 215 program in this paper.

District Court Judge William H. Pauley III will hear argument on the motions on Friday, November 22d, at 10:30 a.m.



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About the Author(s)

Marty Lederman

Professor at the Georgetown University Law Center. He was Deputy Assistant Attorney General at the Office of Legal Counsel from 2009-2010, and Attorney Advisor at the Office of Legal Counsel from 1994-2002. Member of the editorial board of Just Security. You can follow him on Twitter (@marty_lederman).