Klayman II

Klayman v. Obama, No. 13-881 (D.D.C. filed June 11, 2013) .

In addition to the Klayman I complaint challenging the NSA’s telephony metadata program, conservative legal activist Larry Klayman brought the complaint in Klayman II against the Prism program whose existence was revealed in the documents leaked by Snowden. Under the purported authority of Sec. 702, Prism involves the NSA’s collection of communications from the servers of nine Internet companies: Microsoft (since Sept. 11, 2007), Skype (since February 6, 2011), AOL (since March 31, 2011),Yahoo! (since March 12, 2008), Facebook (since June 3, 2009), Paltalk (since December 7, 2009), Google (since January 14, 2009), Youtube (since September 24, 2010), and Apple (since October 2012).

In Klayman v. Obama, 957 F. Supp. 2d 1(D.D.C.2013), rev’d on other grounds, Obama v. Klayman et al., No. 14-5004, 2015 WL 5058403 (D.D.C. Aug. 28, 2015),  Judge Richard Leon dismissed the Klayman II plaintiffs’ challenge to Prism on the ground that their claim to standing was “even less colorable” than the plaintiffs’ claim in Clapper v. Amnesty International. On the basis of the government’s representation that the NSA’s electronic communications metadata program had ended in 2011, Judge Leon also refused to grant the Klayman II plaintiffs a preliminary injunction against that program.

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