As we previously reported (see here) on May 7, 2015, the United States Court of Appeals for the Second Circuit found that the controversial surveillance program according to which the National Security Agency (NSA) has been collecting Americans’ phone records was not authorized under Section 215 of the USA Patriot Act (ACLU v. Clapper, 2015 U.S. App. LEXIS 7531).
Section 215, along with other provisions of the USA Patriot Act, expired on June 1, 2015. On June 2, President Obama signed into law the USA Freedom Act, which amended the investigative and surveillance authority of the United States government (see here).
Consequently, on June 9, the Second Circuit of the Court of Appeals issued an order in ACLU v. Clapper directing the parties to submit supplemental briefing. The Second Circuit requested the parties to address the effect of the passage into law of the USA Freedom Act on their case, specifying whether any of the asserted claims have been rendered moot as a result of the legislation.
The Second Circuit has stayed the result of its ruling pending its review of the parties’ supplemental briefs, which are due by July 24, 2015.
For more information: Francesca Giannoni-Crystal