Smith v. Obama – Challenge to NSA Mass Call-Tracking Program
What's at Stake
The ACLU has joined a lawsuit brought by an Idaho nurse challenging the constitutionality of the National Security Agency’s mass collection of Americans' phone records.
Summary
Anna Smith, an emergency neonatal nurse, filed her suit shortly after the government confirmed revelations that the National Security Agency (NSA) was collecting Americans' telephone records in bulk under Section 215 of the Patriot Act. Smith argues the NSA's call-records program violated her First and Fourth Amendment rights by collecting a wealth of detail about her familial, political, professional, religious, and intimate associations.
Smith’s case was dismissed in June 2014 by the U.S. District Court for the District of Idaho. The ACLU, the ACLU of Idaho, and the Electronic Frontier Foundation joined Smith’s legal team ahead of her appeal to the Ninth Circuit in July 2014.
In March 2016, the Ninth Circuit ruled that Smith’s challenge to the continued collection of her call records was moot, as the USA Freedom Act had ended that collection. It remanded the case to the district court, however, for consideration of Smith’s challenge to the government’s continued retention of her call records.
The ACLU successfully challenged the legality of the NSA’s call-records program in ACLU v. Clapper. And it is currently challenging the legality of the program in United States v. Moalin, the only criminal case in which the government has relied on evidence obtained or derived from the program.
Legal Documents
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03/22/2016
Appeals Court Opinion -
10/22/2015
Gov't Response to Plantiff's Request for Judicial Notice -
07/15/2015
Letter to Court re: FISC Opinion -
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06/29/2015
FISC Opinion (June 29, 2015)
FISC Opinion (June 29, 2015)Date Filed: 06/29/2015
Court: Appeals Court (9th Cir.)
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06/29/2015
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06/19/2015
Gov't Supp. Brief Following Passage of USA Freedom Act -
06/19/2015
ACLU/EFF Supp. Brief Following Passage of USA Freedom Act -
05/15/2015
Gov't Letter to Court re: U.S. v. Davis Opinion -
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05/15/2015
Eleventh Circuit Opinion in U.S. v. Davis
Eleventh Circuit Opinion in U.S. v. DavisDate Filed: 05/15/2015
Court: Appeals Court (9th Cir.)
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05/15/2015
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05/12/2015
ACLU Letter to Court Re: Citation of Supp. Authority - ACLU v. Clapper Decision -
10/16/2014
Appellants' Reply Brief -
10/02/2014
Gov't Reply Brief -
09/09/2014
Reporters Committee for Freedom of the Press Amicus Brief -
09/09/2014
Center for National Security Studies Amicus Brief -
09/09/2014
PEN American Center Amicus Brief -
09/09/2014
Electronic Privacy Information Center Amicus Brief -
09/09/2014
National Association of Criminal Defense Lawyers Amicus Brief -
09/09/2014
Senators Wyden, Udall, and Heinrich Amicus Brief -
09/02/2014
Excerpts of Record Volume 1 -
09/02/2014
Excerpts of Record Volume 2 -
09/02/2014
Plaintiff Appeal Brief
Date Filed: 03/22/2016
Court: Appeals Court (9th Cir.)
Date Filed: 10/22/2015
Court: Appeals Court (9th Cir.)
Date Filed: 07/15/2015
Court: Appeals Court (9th Cir.)
Date Filed: 06/19/2015
Court: Appeals Court (9th Cir.)
Date Filed: 06/19/2015
Court: Appeals Court (9th Cir.)
Date Filed: 05/15/2015
Court: Appeals Court (9th Cir.)
Date Filed: 05/12/2015
Court: Appeals Court (9th Cir.)
Date Filed: 10/16/2014
Court: Appeals Court (9th Cir.)
Date Filed: 10/02/2014
Court: Appeals Court (9th Cir.)
Date Filed: 09/09/2014
Court: Appeals Court (9th Cir.)
Date Filed: 09/09/2014
Court: Appeals Court (9th Cir.)
Date Filed: 09/09/2014
Court: Appeals Court (9th Cir.)
Date Filed: 09/09/2014
Court: Appeals Court (9th Cir.)
Date Filed: 09/09/2014
Court: Appeals Court (9th Cir.)
Date Filed: 09/09/2014
Court: Appeals Court (9th Cir.)
Date Filed: 09/02/2014
Court: Appeals Court (9th Cir.)
Date Filed: 09/02/2014
Court: Appeals Court (9th Cir.)
Date Filed: 09/02/2014
Court: Appeals Court (9th Cir.)
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06/03/2014
District Court Opinion
Date Filed: 06/03/2014
Court: District Court (D. Idaho)