ACLU v. NSA/438 F. Supp. 2d 754

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Case No. 06-CV-10204

Hon. Anna Diggs Taylor

AMERICAN CIVIL LIBERTIES UNION; AMERICAN CIVIL LIBERTIES UNION FOUNDATION; AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN; COUNCIL ON AMERICAN-ISLAMIC RELATIONS; COUNCIL ON AMERICAN ISLAMIC RELATIONS MICHIGAN; GREENPEACE, INC.; NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; JAMES BAMFORD; LARRY DIAMOND; CHRISTOPHER HITCHENS; TARA MCKELVEY; and BARNETT R. RUBIN,

Plaintiffs,

v.

NATIONAL SECURITY AGENCY / CENTRAL SECURITY SERVICE; and LIEUTENANT GENERAL KEITH B. ALEXANDER, in his official capacity as Director of the National Security Agency and Chief of the Central Security Service,

Defendants.

 For the reasons set forth in an accompanying Memorandum Opinion, Plaintiffs’ Motion for Partial Summary Judgment [Doc #4] is GRANTED. Defendants’ Motion to Dismiss, or, in the Alternative, for Summary Judgment [Doc #34] is GRANTED in part and DENIED in part.

IT IS HEREBY ORDERED that Defendants, its agents, employees, representatives, and any other persons or entities in active concert or participation with Defendants, are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program (hereinafter "TSP") in any way, including, but not limited to, conducting warrantless wiretaps of telephone and internet communications, in contravention of the Foreign Intelligence Surveillance Act (hereinafter "FISA") and Title III;

IT IS FURTHER ORDERED AND DECLARED that the TSP violates the Separation of Powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA and Title III;

IT IS ALSO ORDERED that Defendants' Motion for Summary Judgment is GRANTED with respect to Plaintiffs' data-mining claim and is DENIED regarding Plaintiffs' remaining claims;

IT IS ALSO ORDERED that Plaintiffs' Motion for Partial Summary Judgment is GRANTED in its entirety.


 * IT IS SO ORDERED.


 * Date:

(signed) 
 * ANNA DIGGS TAYLOR
 * UNITED STATES DISTRICT JUDGE
 * Detroit, Michigan



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