After information about the NSA's secret phone-tracking program was revealed by former contractor Edward Snowden in June, the ACLU sued, contending the action of tracking calls violates the NSA's statutory authority and violates the First and Fourth Amendments of the U.S. Constitution, Courthouse News Service reported.
In an earlier motion to dismiss, the government argued the ACLU lacks proof the government's use of call records will "identify persons with whom plaintiffs speak," potentially disclosing their association with the NSA.
Tuesday the ACLU, in an opposition brief, called that argument "misguided," pointing out the "collection of plaintiffs' call records is itself an injury," constituting an invasion of privacy.
It also called the government's use of Section 215 of the Patriot Act, compelling the government to act if there are "reasonable grounds" to support an investigation, an abuse of power.
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