American Civil Liberties Union v. Clapper

ROBERT D. SACK, Circuit Judge, concurs in the opinion of the Court and files a separate concurring opinion.

GERARD E. LYNCH, Circuit Judge:

This appeal concerns the legality of the bulk telephone metadata collection program (the “telephone metadata program”), under which the National Security Agency (“NSA”) collects in bulk “on an ongoing daily basis” the metadata associated with telephone calls made by and to Americans, and aggregates those metadata into a repository or data bank that can later be queried. Appellants challenge the program on statutory and constitutional grounds. Because we…