NSA Surveillance | American Civil Liberties Union
The National Security Agencys mass surveillance has greatly expanded in the years since September 11, 2001. Disclosures have shown that, until recently, the government regularly tracked the calls of hundreds of millions of Americans. Today, it continues to spy on a vast but unknown number of Americans international calls, text messages, web-browsing activities, and emails.
The governments surveillance programs have infiltrated most of the communications technologies we have come to rely on. They are largely enabled by a problematic law passed by Congress the FISA Amendments Act (FAA), which is set to expire this year along with Executive Order 12,333, the primary authority invoked by the NSA to conduct surveillance outside of the United States. The Patriot Act has also made it easier for the government to spy on Americans right here at home over the past 15 years. Although the Foreign Intelligence Surveillance Court oversees some of the governments surveillance activities, it operates in near-total secrecy through one-sided procedures that heavily favor the government.
Our Constitution and democratic system demand that government be transparent and accountable to the people, not the other way around. History has shown that powerful, secret surveillance tools will almost certainly be abused for political ends.
The ACLU has been at the forefront of the struggle to rein in the surveillance superstructure, which strikes at the core of our rights to privacy, free speech, and association.
The FISA Amendments Act of 2008 (FAA) gives the NSA almost unchecked power to monitor Americans international phone calls, text messages, and emails under the guise of targeting foreigners abroad. The ACLU has long warned that one provision of the statute, Section 702, would be used to eavesdrop on Americans private communications. In June 2013, The Guardian published documents provided by whistleblower Edward Snowden confirming the massive scale of this international dragnet. Recent disclosures also show that an unknown number of purely domestic communications are monitored, that the rules that supposedly protect Americans' privacy are weak and riddled with exceptions, and that virtually every email that goes into or out of the United States is scanned for suspicious keywords.
In 2008, less than an hour after President Bush signed the FAA into law, the ACLU filed a lawsuit challenging its constitutionality. The case, Amnesty v. Clapper, was filed on behalf of a broad coalition of attorneys and organizations whose work requires them to engage in sensitive and sometimes privileged telephone and email communications with individuals located abroad. But in a 54 ruling handed down in February 2013, the Supreme Court held that the ACLU plaintiffs did not have standing to sue because they could not prove their communications had actually been surveilled under the law.
In March 2015, the ACLU filed Wikimedia Foundation v. NSA, a lawsuit challenging Upstream surveillance under the FAA. Through Upstream surveillance, the U.S. government copies and searches the contents of almost all international and many domestic text-based internet communications. The suit was brought on behalf of nine educational, legal, human rights, and media organizations, including the Wikimedia Foundation, operator of one of the most-visited websites on the internet. Collectively, the plaintiffs engage in more than a trillion sensitive internet communications every year, and each has been profoundly harmed by NSA surveillance.
Executive Order 12,333, signed by President Reagan in 1981 and modified many times since, is the authority primarily relied upon by the intelligence agencies to gather foreign intelligence outside of the United States. Recent disclosures indicate that the U.S. government operates a host of large-scale programs under EO 12333, many of which appear to involve the collection of vast quantities of Americans information. These programs have included, for example, the NSAs collection of billions of cellphone location records each day; its recording of every single cellphone call into, out of, and within at least two countries; and its surreptitious interception of data from Google and Yahoo user accounts as that information travels between those companies data centers located abroad.
In December 2013, the ACLU, along with the Media Freedom Information Access Clinic at Yale Law School, filed a Freedom of Information Act lawsuit demanding that the government release information about its use of EO 12,333 to conduct surveillance of Americans communications.
For many years, the government claimed sweeping authority under the Patriot Act to collect a record of every single phone call made by every single American "on an ongoing daily basis." This program not only exceeded the authority given to the government by Congress, but it violated the right of privacy protected by the Fourth Amendment, and the rights of free speech and association protected by the First Amendment. For this reason, the ACLU challenged the government's collection of our phone records under Section 215 of the Patriot Act just days after the program was revealed in June 2013 by The Guardian. In May 2015, a court of appeals found that the phone records program violated Section 215, and Congress allowed the provision to expire in June of that year. The program was reformed by the USA Freedom Act, which passed days later.
To bring greater transparency to the NSA's surveillance under the Patriot Act, the ACLU filed two motions with the secretive FISC asking it to release to the public its opinions authorizing the bulk collection of Americans' data by the NSA.
Our earlier work to reform the Patriot Act includes a number of successful challenges to the government's use of and secrecy surrounding National Security Letters.
The ACLU has long fought to bring greater transparency and public access to the FISC the secretive court that oversees the governments surveillance programs. When the FISC was first established in 1978, it primarily assessed individual surveillance applications to determine whether there was probable cause to believe a specific surveillance target was an agent of a foreign power. In recent years, however, the FISCs responsibilities have changed dramatically, and the FISC today oversees sweeping surveillance programs and assesses their constitutionality all without any public participation or review.
The ACLU has been advocating and petitioning for access to the FISC for more than a decade, working with Congress and the executive branch, and appearing before the court itself to push for greater transparency. Days after the courts Section 215 order was published in the press in June 2013, we filed a motion seeking access to the secret judicial opinions underlying the NSA's mass call tracking program. We have since filed two other access motions in the FISC, seeking significant legal opinions authorizing bulk collection and those interpreting the governments secret surveillance powers in the years after 9/11. We also signed a brief filed in the FISC in support of the First Amendment rights of the recipients of FISC orders, such as telephone and internet companies, to release information about the type and volume of national security requests they receive from the NSA and the FBI.
Secret law has no place in a democracy. Under the First Amendment, the public has a qualified right of access to FISC opinions concerning the scope, meaning, or constitutionality of the surveillance laws, and that right clearly applies to legal opinions interpreting Americans' bedrock constitutional rights. We all have a right to know, at least in general terms, what kinds of information the government is collecting about innocent Americans, on what scale, and based on what legal theory.
See the original post:
NSA Surveillance | American Civil Liberties Union
- NSA Joins FBI in Issuing Warning about Chinese Hacking Group QTFY Cyber Activity - National Security Agency (.gov) - September 2nd, 2026 [September 2nd, 2026]
- NSA and FBI Warn Chinese Hackers Are Actively Targeting US Critical Infrastructure - LinkedIn - September 2nd, 2026 [September 2nd, 2026]
- UP firecracker blast toll climbs to 13; NSA invoked against accused - Daily Pioneer - September 2nd, 2026 [September 2nd, 2026]
- Man Accused of Impersonating Chief Justice Roberts, NSA Agent - Bloomberg Law News - August 25th, 2026 [August 25th, 2026]
- I Worked For The NSA For Years. Here's What Happened To My Life After Donald Trump And DOGE Showed Up Last Year. - HuffPost - August 25th, 2026 [August 25th, 2026]
- NSA isnt complying with federal laws on whistleblower protections, IG finds - Federal News Network - August 25th, 2026 [August 25th, 2026]
- NSA Doval says India-China ties 'returning to normalcy' as he holds key talks with Wang Yi on border issue - The New Indian Express - August 25th, 2026 [August 25th, 2026]
- 4 Ways Tim Kosiba and the NSA Are Countering the Chinese Intelligence Threat - GovCon Wire - August 25th, 2026 [August 25th, 2026]
- Man charged with forging Chief Justice John Robertss signature, impersonating NSA agent - Yahoo - August 25th, 2026 [August 25th, 2026]
- NSA Doval to visit China on Monday to attend Special Representatives talks with FM Wang - The Economic Times - August 25th, 2026 [August 25th, 2026]
- Audit Finds Lack of Oversight of NDAs at NSA - FEDweek - August 25th, 2026 [August 25th, 2026]
- Redefining India-China Relations: NSA Dovals Visit to Beijing May Provide the Breakthrough - Raksha Anirveda - August 25th, 2026 [August 25th, 2026]
- NSA, FBI warns of hackers using AI-generated tools in attacks on critical infrastructure technology - The Record from Recorded Future News - August 25th, 2026 [August 25th, 2026]
- NSA Doval meets Chinese Vice President Han Zheng ahead of border talks - The Tribune - August 25th, 2026 [August 25th, 2026]
- India-China ties normalised by peace on border, says NSA Doval at talks with Wang Yi - Firstpost - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval holds 25th India-China border talks with Wang Yi - timesofindia.indiatimes.com - August 25th, 2026 [August 25th, 2026]
- NSA, CISA, FBI, DOE, and EPA Warn of Active AI-Assisted Attacks on Siemens S7 PLCs - Security Affairs - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval arrives in Beijing, set for border talks with Chinas Wang Yi on August 25 - The Hindu - August 25th, 2026 [August 25th, 2026]
- NSA, FBI Warn of AI-Powered Attacks on Industrial Systems Targeting Siemens PLCs - finance.biggo.com - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval holds talks with Chinese FM Wang Yi on boundary issue - News On AIR - August 25th, 2026 [August 25th, 2026]
- NSA Doval in Beijing for Talks with Chinese FM - Kashmir Observer - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval to hold India-China boundary talks with Wang Yi in Beijing - The New Indian Express - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval to hold border talks with Chinese Foreign Minister Wang on Tuesday - The Tribune - August 25th, 2026 [August 25th, 2026]
- Ayitey Powers Arrested Over Alleged Death Threat Against NSA Boss - Modern Ghana - August 25th, 2026 [August 25th, 2026]
- NSA Doval arrives in Beijing for talks with Chinese FM Wang Yi on boundary issue - ThePrint - August 25th, 2026 [August 25th, 2026]
- Police arrest former boxer Ayitey Powers over alleged death threat on NSA boss - Ghanaian Times - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval in Beijing for boundary talks - Awaz The Voice - August 25th, 2026 [August 25th, 2026]
- ID Based on Anonymous Informant, Sudden Reference to 2009 Home Ministry Notification: Why NSA Case Against Satyam Verma Is Unconvincing - TheWire.in - August 16th, 2026 [August 16th, 2026]
- NSA Ajit Doval: India's Strength Infused with Tolerance Amid Military Actions - India News Network - August 16th, 2026 [August 16th, 2026]
- NSA Ajit Doval Reveals Operation Sindoor Strategy in New Discovery Docuseries - Daily Pioneer - August 16th, 2026 [August 16th, 2026]
- NSA Ajit Doval on Operation Sindoor: 'India can hit hard, irrespective of consequences' - wionews.com - August 16th, 2026 [August 16th, 2026]
- Indias generosity, tolerance should not be mistaken for weakness: NSA Ajit Doval on Op Sindoor - The Tribune - August 14th, 2026 [August 14th, 2026]
- 'Don't mistake India's generosity with weakness': NSA Ajit Doval on Operation Sindoor - The Times of India - August 14th, 2026 [August 14th, 2026]
- India's generosity, tolerance should not be mistaken for weakness: NSA Ajit Doval on Operation Sindoor - The Hindu - August 14th, 2026 [August 14th, 2026]
- Former NSA Chief Gen. Paul Nakasone: AI Is Changing the Cyber Battlefield - The Cipher Brief - August 14th, 2026 [August 14th, 2026]
- NSA Doval says Indias restraint should not be mistaken for weakness - Awaz The Voice - August 14th, 2026 [August 14th, 2026]
- NSA Ajit Doval says India can hit hard irrespective of consequences in first post-Sindoor interview - The Economic Times - August 14th, 2026 [August 14th, 2026]
- Man claiming to be undercover agent of NSA Ajit Doval arrested in Bihar - The Hindu - August 14th, 2026 [August 14th, 2026]
- Indias tolerance should not be mistaken for weakness; can take risks, hit hard: NSA Doval on Op Sindoor - The Kashmir Horizon - August 14th, 2026 [August 14th, 2026]
- Indias Tolerance Not a Sign of Weakness: NSA Ajit Doval on Operation Sindoor - The CSR Journal - August 14th, 2026 [August 14th, 2026]
- NSA Joins FBI and Others in Releasing Guidance to Defend Against Gunra Ransomware - National Security Agency (NSA) (.gov) - August 12th, 2026 [August 12th, 2026]
- Your router is probably vulnerable to the same attacks the NSA just warned about - MakeUseOf - August 12th, 2026 [August 12th, 2026]
- Trump has to accept hes going to lose Iran war: Former deputy NSA - MS NOW - August 12th, 2026 [August 12th, 2026]
- NSA installs DHS lawyer as new general counsel - The Record from Recorded Future News - August 12th, 2026 [August 12th, 2026]
- Manipur to invoke NSA against NH extortionists: Min - The Times of India - August 12th, 2026 [August 12th, 2026]
- Spymaster United States Joshua Rudd, US special forces officer nursing NSA back to health - Intelligence Online - July 7th, 2026 [July 7th, 2026]
- Capability, Not Compute: NSA Discretion in the Frontier AI EO - The Well News - July 7th, 2026 [July 7th, 2026]
- NSA partners with dog walking app to tackle livestock worrying - Agriland UK - July 1st, 2026 [July 1st, 2026]
- Youth Round Table Discussion: Youth round table discussion held at NSA - Myanmar International TV - July 1st, 2026 [July 1st, 2026]
- NSA welcomes Farming Roadmap 2050 and says farmers are ready to meet the challenge - Meat Management - July 1st, 2026 [July 1st, 2026]
- Crypto Executive Disputes Claims Anthropics Mythos Breached NSA Systems - Yahoo Tech - June 22nd, 2026 [June 22nd, 2026]
- Crypto Executive Disputes Claims Anthropics Mythos Breached NSA Systems - BeInCrypto - June 22nd, 2026 [June 22nd, 2026]
- Its more than Iran could have ever hoped for: Ex-US NSA John Bolton on US-Iran deal - Firstpost - June 22nd, 2026 [June 22nd, 2026]
- Manipur slaps NSA on youth already held under UAPA. Why HC quashed both cases, ordered his release - ThePrint - June 22nd, 2026 [June 22nd, 2026]
- Algorand Post-Quantum Security by 2027: 3 Years Ahead of NSA - The Cryptonomist - June 22nd, 2026 [June 22nd, 2026]
- China foreign minister set to attend Brics NSA meet in Delhi next week - The Times of India - June 22nd, 2026 [June 22nd, 2026]
- India to host BRICS NSA meet on June 2223: MEA - Awaz The Voice - June 22nd, 2026 [June 22nd, 2026]
- IDR Final Rule updates NSA dispute resolution | United States | Global law firm - Norton Rose Fulbright - June 16th, 2026 [June 16th, 2026]
- Where Is Edward Snowden Now? What to Know About the NSA Whistleblower's Life in Exile, 13 Years Later - People.com - June 16th, 2026 [June 16th, 2026]
- Former NSA official: 'Timing couldn't have been worse' for FISA 702 to expire - WBFF - June 16th, 2026 [June 16th, 2026]
- SHAREHOLDER ALERT: The M&A Class Action Firm Continues to Investigate the Merger--CZNL, NSA, CNBN, and ESQ - PR Newswire - June 16th, 2026 [June 16th, 2026]
- Training, teamwork, and quick action save a life at NSA Philadelphia - MilitaryNews.com - June 12th, 2026 [June 12th, 2026]
- NSA Insurance celebrates 100 years of selling a promise on the East End - The Suffolk Times - June 12th, 2026 [June 12th, 2026]
- Ex Pakistan NSA Moeed Yusuf says fixing ties with India key to economic revival, regional trade ambitions - ThePrint - June 12th, 2026 [June 12th, 2026]
- RSABI's Carol McLaren wins NSA Silver Salver for her work in the industry - The Scottish Farmer - June 12th, 2026 [June 12th, 2026]
- Anthropic's Mythos model is reportedly powering NSA offensive cyber ops against China and Iran - the-decoder.com - June 7th, 2026 [June 7th, 2026]
- NSA taps three officials for top cybersecurity positions - Nextgov/FCW - June 7th, 2026 [June 7th, 2026]
- Anthropic is blacklisted by the Pentagon and being used by the NSA at the same time - TechSpot - June 7th, 2026 [June 7th, 2026]
- NSA said to be readying Anthropics Mythos for use in cyber operations - TechCrunch - June 5th, 2026 [June 5th, 2026]
- Former NSA John Bolton to plead guilty to retaining classified info - MS NOW - June 5th, 2026 [June 5th, 2026]
- Trump executive order on AI gives central role to NSA - Breaking Defense - June 5th, 2026 [June 5th, 2026]
- Anthropic Is Helping the NSA Hack China. It Also Wants Everyone to Pause AI - Yahoo - June 5th, 2026 [June 5th, 2026]
- NSA using Claude Mythos for 'offensive cyber operations,' report claims says 'half-a-dozen' Anthropic engineers embedded inside the agency - Tom's... - June 5th, 2026 [June 5th, 2026]
- NSA selects new leads for key cybersecurity posts - The Record from Recorded Future News - June 5th, 2026 [June 5th, 2026]
- NSA Joins CISA and Partners to Release Guidance on Hardening Automatic Tank Gauge Systems - National Security Agency (NSA) (.gov) - June 5th, 2026 [June 5th, 2026]
- FT: Anthropic staff helping the NSA use Mythos for offensive cyberattacks - Sherwood News - June 5th, 2026 [June 5th, 2026]
- Anthropic Is Helping the NSA Hack China. It Also Wants Everyone to Pause AI - Decrypt - June 5th, 2026 [June 5th, 2026]
- Anthropic Embeds Engineers at NSA to Deploy Mythos AI for Offensive Cyber Operations - MLQ.ai - June 5th, 2026 [June 5th, 2026]
- The NSA has all the equipment and technology needed to track bandits but lacks the political will to do so -Stephen alleges Watch full interview:... - June 5th, 2026 [June 5th, 2026]
- Anthropic aids NSA with Mythos to bolster offensive cyber operations - CHOSUNBIZ - Chosunbiz - June 5th, 2026 [June 5th, 2026]