Ongoing news reports in the international media have revealed operational details about the United States’ National Security Agency (NSA) and its international partners’ global surveillance [21] of foreign nationals and American citizens. The reports emanate from a cache of top secret documents leaked by the former NSA contractor Edward Snowden. On June 6, 2013, the first of Snowden’s documents were published simultaneously by The Washington Post and The Guardian, attracting considerable public attention.[22] Shortly after the disclosure, plaintiffs Larry Klayman, founder of Freedom Watch, Charles Strange and Mary Strange, parents of Michael Strange, a cryptologist technician for the NSA and support personnel for Navy Seal Team VI who was killed in Afghanistan, filed lawsuit challenging the constitutionality of the bulk metadata collection of phone records (Klayman I).[23] Plaintiffs joined by Michael Ferrari and Matt Garrison filed a second lawsuit on June 12, 2013 challenging the constitutionality of bulk metadata collection of both phone and Internet communications (Klayman II).[24].

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