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ACLU Challenges Domestic Spying Program

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The ACLU has launched a sharp attack against the federal government’s illegal spying program against Americans, and criticized Congress for working out a deal allowing the White House to continue this unconstitutional program without judicial oversight.

President Bush authorized the National Security Agency’s domestic spy program in the wake of the Sept. 11, 2001 attacks. It allows the agency to monitor emails and phone calls from Americans without ever having to go to a court and prove even the remotest hint of suspicion. But the program did not come to light until the New York Times broke news of it in December, 2005.

The ACLU immediately filed a lawsuit challenging the program on behalf of a group of prominent journalists, nonprofit groups, terrorism experts and community advocates. The lawsuit charges that the spying violates the right of all Americans to free speech and privacy under the First and Fourth Amendments of the Constitution. The ACLU is also a client in the lawsuit.

In early March, the ACLU filed additional papers asking a federal judge in Detroit to immediately block the domestic spying program. The need for legal action was made even more acute in light of Congress’ decision to whitewash the NSA program.

Republicans on the Senate Select Committee on Intelligence announced in early March a deal supporting legislation that allows the administration to report about the spying program to a smaller group of senators than is required by current federal law. The legislation also would remove prompt judicial oversight of every single intelligence wiretap of Americans, substituting a pre-approved stamp of approval for real judicial review.

Repeated attempts to get information about the domestic spying program through the Freedom of Information Act have been met by government stonewalling.

The ACLU will continue its advocacy against this deeply problematic program.

This is the web site of the American Civil Liberties Union of Southern California and the ACLU Foundation of Southern California.
Learn more about the distinction between these two components of the ACLU. Copyright 2008 The ACLU of Southern California.