NSA

By SCOTT SHANE
Published: August 26, 2013

WASHINGTON — In a detailed legal attack on the National Security Agency’s collection of Americans’ phone call data, the American Civil Liberties Union argued in court papers filed Monday that the sweeping data gathering violates the Constitution and should be halted.
Related

The A.C.L.U. cited the writings of George Orwell and the comprehensive East German surveillance portrayed in the film “The Lives of Others” in warning of the dangers of large-scale government intrusion into private lives. The new motion, elaborating on the A.C.L.U.’s arguments against the data collection, came in a federal lawsuit challenging the N.S.A. program that the group filed in June.

Intelligence officials have emphasized that the N.S.A. database does not contain the contents of any Americans’ calls, but only the so-called metadata — the numbers called and the time and duration of each call. They say the database is searched only based on “reasonable, articulable suspicion” of terrorism and is valuable for tracking terror plots.

The Justice Department is expected to ask the judge in the case, William H. Pauley III of the Southern District of New York, to dismiss it. The department declined to comment on the A.C.L.U.’s filing.

In a declaration in support of the A.C.L.U., Edward W. Felten, a professor of computer science and public affairs at Princeton, said that by gathering data on the three billion calls made each day in the United States, the N.S.A. was creating a database that could reveal some of the most intimate secrets of American citizens.

“Calling patterns can reveal when we are awake and asleep; our religion, if a person regularly makes no calls on the Sabbath or makes a large number of calls on Christmas Day; our work habits and our social aptitude; the number of friends we have, and even our civil and political affiliations,” Mr. Felten wrote.

He pointed out that calls to certain numbers — a government fraud hot line, say, or a sexual assault hot line — or a text message that automatically donates to Planned Parenthood can reveal intimate details. He also said sophisticated data analysis, using software that can instantly trace chains of social connections, can make metadata even more revealing than the calls’ contents.

To read entire story, click here.