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  • CL&M Brief Argues Against NSA's Bulk Telephony Metadata Collection Program Before 2d Circuit on Behalf of New York City Bar Association

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CL&M Brief Argues Against NSA's Bulk Telephony Metadata Collection Program Before 2d Circuit on Behalf of The New York City Bar Association

CL&M partners Gary D. Sesser, Michael Shapiro and Stephen L. Kass submitted an amicus (“friend of the court”) brief on behalf of the New York City Bar Association, arguing that the NSA’s mass collection of phone metadata constitutes a “search” under the Fourth Amendment to the Constitution and should be subject to Fourth Amendment scrutiny. In a case before the U.S. Court of Appeals for the Second Circuit, American Civil Liberties Union v. Clapper, No. 14-42, the ACLU is challenging the NSA’s practice of collecting bulk telephony metadata on phone calls that the ACLU made or received over a period of years. The New York City Bar Association has 24,000 members and often takes positions on legal issues of public importance to the administration of justice and civil liberties. The case was argued for more than 2 hours before a three-judge panel of Second Circuit judges on Tuesday, September 2, and televised on C-Span. The Court reserved judgment.  Former CL&M associate Laura A. Zaccone assisted with the brief. 

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