On February 18, 2014, a senator of Kentucky and non-profit organization FreedomWorks filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the U.S. government, including the NSA and FBI, under the Declaratory Judgment Act, 28 U.S.C. § 2201. Represented by ...
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On February 18, 2014, a senator of Kentucky and non-profit organization FreedomWorks filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the U.S. government, including the NSA and FBI, under the Declaratory Judgment Act, 28 U.S.C. § 2201. Represented by private counsel, the plaintiffs asked the court for both declaratory relief, claiming that the NSA’s Mass Associational Tracking Program (MATP) is unconstitutional under the fourth amendment, and injunctive relief, to enjoin the defendants' use of MATP and to order the purge of all information collected by MATP.
The plaintiffs also hoped to make this case a class action suit, defined as any citizen or permanent resident of the United States who uses private telephone services. According to the plaintiff’s complaint, there are currently 300 million mobile phone subscribers currently in the United States, in addition to 100 million landline subscribers.
The NSA’s MATP collects and stores telephony metadata from major telecommunications companies. This metadata seems to include telephone numbers, persons called, and possibly even location data from anyone who has a telephone. The plaintiffs assert on their own behalf and on behalf of class members that this violates their expectations of privacy.
On April 23, 2014, the defendants filed a motion to stay pending the result of their appeal in Klayman v. Obama (NS-DC-0007). Klayman v. Obama is a similar case also seeking an injunction to enjoin the NSA from using telephony metadata. Judge Richard J. Leon granted the plaintiff Klayman a preliminary injunction enjoining the use of MATP, and the defendants are currently appealing the decision. More information on Klayman v. Obama can be found in the clearinghouse at NS-DC-0007
. On May 5, 2016, the defendants also filed a motion to dismiss.
On September 22, 2014, Judge Leon, also the judge assigned to this case, granted the defendants' motion to stay pending the defendants' appeal of the preliminary injunction in Klayman v. Obama.
As of September 25, 2016, the case is currently pending; the class certification, the motion to stay, and the motion to dismiss have not been adjudicated. Megan Brown - 09/25/2016